Our Website Uses Cookies

We and the third parties that provide content, functionality, or business services on our website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.

Described as “well connected with both the regulators and thought-leaders,” by Chambers and Partners, we have more than 120 former regulatory and enforcement officials among our ranks.

With strength in litigation, investigations, and corporate work and deep knowledge of policy and policymakers, we turn regulatory insight into practical advice for doing business anywhere in the world.

Successful representation of Public Television Stations in FCC matter

Represented the Association of Public Television Stations before the D.C. Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.

Success in federal copyright infringement lawsuit

Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.

Aabar's investment in Virgin Galactic

$500 million in recoveries for oil and gas companies

Obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the U.S. government involving undeveloped federal oil and gas leases offshore North Carolina, Alaska, and Florida.

$5.6 billion acquisition of Invensys plc

Represented Schneider Electric on the CFIUS review and approval of its $5.6 billion acquisition of Invensys plc.

$2.1 billion acquisition of IBM server business by Lenovo

Represented Lenovo in various matters, including acquisition of x86 server business from IBM for $2.1 billion.

$3.7 billion acquisition of Sapient by Publicis Groupe

Represented both Publicis and Sapient in securing approval from CFIUS for Publicis’ acquisition of Sapient for $3.7 billion.

A global chemical company is facing a World Health Organization (WHO) classification of one of its key products as “probably carcinogenic.” Recognizing that this finding is based on limited evidence and is in conflict with the conclusions of many national regulatory bodies that have analyzed this product and found it to be safe, the company asked us to help them develop a strategy to seek a public clarification from the U.N. organization.

Strategic advice to a defense contractor competing for a US Air Force contract

We advised a non-U.S. defense company on its legislative and executive branch strategy in its bid competition for a major U.S. Air Force weapons acquisition program.

Strategic advice in a land-holdings dispute

We advised and represented an agro-industrial client dealing with possible expropriation in Colombia of significant portions of its land-holdings.

State-Owned Chinese Media Group

Advised a state-owned Chinese media group with respect to an international co-production project to be produced by a leading Hollywood producer.

State health information privacy laws

Advising a multinational pharmaceutical company on state privacy issues relating to a vaccine outreach program.

State Campaign Finance Advice to Major Corporation

Advising a large oil and gas company on state campaign finance laws.

Sports Leagues on Broadband Issues

Regularly advise the NFL on a range of broadband issues, from net neutrality to online privacy to compulsory copyright, and briefed the NBA on how the media landscape is changing, and how broadband is both a compliment and a threat to existing models.

Specialty Pharma cross-border licensing agreement

Salix Pharmaceuticals in its licensing agreement with Alfa Wasserman S.p.A., by which Salix has licensed rights in the United States and Canada to an extended intestinal release (EIR) formulation of rifaximin.

Sony Network Services' Negotiation of Agreement with Alltel

Sony Network Services in the negotiation of an agreement with Alltel, the U.S. mobile network operator, to provide the "StreamMan" personalized music service to Alltel's cellphone customers.

A global food and beverage company faces a variety of challenging legal and policy issues around the world, including international trade, market access, NGO activism, and multiple proposed restrictions to its ability to operate in the marketplace. We provide both domestic and global strategic counsel and advice and assist them in advancing their legislative and policy objectives.

Strategic intelligence gathering and outreach in Eastern Europe

A major energy drinks producer faced a major threat to its market access in an Eastern European country as a result of a legislative proposal. Using local resources, we collected intelligence on both the content of the proposal and its status, as well as on the relevant stakeholders.

Sweepstakes and Other Commercial Promotions Relating to Advertising

Provided advice on sweepstakes and other commercial promotions.

Successful Transfer of Operating Licenses Before NRC

KKR and TPG before the NRC in connection with the successful transfer of TXU Power's Comanche Peak operating licenses.

Successful Resolution for Online Company in Major Data Breach

Representation of a major online company in responding to a security incident affecting the credit card information of more than 200,000 customers, including regulatory inquiries. The matter was resolved without any regulatory enforcement action.

Successful Representation in Exploratory Well Plugging Litigation

An E&P company in litigation challenging an order requiring it to spend many millions of dollars to permanently plug an exploratory well on an offshore lease, winning an appellate decision vacating the order.

Successful Challenge to Federal Renewable Fuel Standards Under the Clean Air Act

Represented the American Petroleum Institute in a challenge to federal renewable fuel standards under the Clean Air Act that resulted in the U.S. Court of Appeals for the District of Columbia Circuit ruling in favor of our client.

Represented a manufacturer of lightweight communications supplies that had been proposed for debarment by the General Services Administration ("GSA"). After obtaining an emergency waiver of the proposed debarment, which enabled our client to continue filling new orders, we filed a formal written response that convinced GSA to terminate the proposed debarment.

Successfully Defended $50 Million Sole-Source Award by Air Force

Successfully defended a $50 million sole-source contract extension to an air combat services contractor. We persuaded GAO to dismiss all but one of the protester’s claims, which caused the protester to withdraw its protest before GAO reached a decision.

Acquisitions by British Telecommunications

Represented British Telecommunications plc in its acquisitions of Infonet Services Corp., Comsat International, Counterpane, and Wire One Communications (among others).

BAA and TAA compliance counseling

Assisted major suppliers of office and aeronautics equipment to navigate the Buy American and Trade Agreements Acts, ensuring that the clients’ products are domestic end products, qualifying country end products, designated country end products or U.S.-made end products eligible for sale to the U.S. government.

Association of Public Television Stations in Office of Communication of the United Church of Christ Inc., v. FCC

Representation of the Association of Public Television Stations on whether public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.

China market access

Advised several leading U.S. companies in responding to existing and proposed Chinese trade barriers, including in the areas of intellectual property, technology standards, and competition law, and helped our clients succeed in raising the profile of these issues in U.S. bilateral negotiations with China.

Children’s Advertising Review Unit inquiry

Assisted the operator of a child-directed website in responding to an inquiry by the Children’s Advertising Review Unit (CARU) regarding its online behavioral advertising practices.

Check Point Software Technologies acquisitions

Represented Check Point Software Technologies in the company’s acquisitions of NFR Security, Inc., the security appliance business of Nokia, Liquid Machines, Inc., and PointSec Mobile Technologies.

Case of first impression arising from an FMS contract

Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).

Automotive manufacturer transfer pricing inquiry

Represented a major automobile manufacturer and its U.S. subsidiaries in connection with a transfer pricing inquiry by U.S. Customs and Border Protection (CBP) and an associated audit.

Advocating On Behalf of Clients Before Congress

Advocating on a variety of legislative and policy issues before Congress on behalf of major corporations and industry associations, including United Airlines, Union Pacific Railroad, Associated of General Contractors, American Association of State Highway and Transportation Officials, Association of Equipment Manufacturers, and U.S. Custom Harvesters.

Agricultural manufacturer global relationship building

We assisted one of the world’s largest manufacturers of agricultural equipment in establishing and strengthening relationships with key constituencies in the United States, Africa, and South America, including with relevant government officials and international NGOs. With our knowledge of global development programs and agricultural initiatives, we helped identify future markets and consumers through relationships with U.S. and non-U.S. government officials as well as international NGOs.

Advising on domestic sourcing compliance under subgrants and state and local agreements

Advised multiple for-profit clients about domestic sourcing requirements imposed under subgrants and state and local agreements through various Departments of Transportation and Energy appropriations, New Jersey Buy American requirements, and the American Recovery and Reinvestment Act of 2009.

Advising Internet companies on advertising claims

Advising major Internet companies as to the substantiation required to defend advertising claims made about their products and services.

Advice to numerous clients regarding compliance with the statutory and contractual pricing obligations under the Veteran’s Health Care Act (VHCA), including performing gap analyses, providing policies and training, and assisting with investigations and disclosures.

Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.

Advice to nominees to Presidential boards and commissions

Covington has advised nominees and potential nominees to a variety of Presidential boards and commissions.

Advised client on structuring employee secondment agreements so as to permit reimbursement of costs of shared employees and associated indirect costs under a secondment agreement during a contractual novation process in connection with an M&A transaction, enabling the client to orderly transfer employees and facilities to the purchaser and ensure continued reimbursement up to the point of final transfer.

Advice on the monitoring of employee communications

Conducted a pan-European and selective U.S. survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.

Advice on retailer pricing claims

Advising retailers on pricing claims and practices, including the use of the word “free,” “two-for-one” offers, and trial periods with negative cancellation options.

Advertising terms and guideline

Routinely draft ad-serving agreements, data licenses, and advertising terms and guidelines for website advertising and advertising delivered on mobile and social media platforms.

Acquisitions by Pacific Telecom

Assisting with review and overhaul of FSS pricing model

We advised a large technology reseller in conducting a review and revision of its pricing practices under its Federal Supply Schedule (FSS) contract with the U.S. General Services Administration (GSA). In addition to identifying and addressing potential pricing irregularities, we successfully guided the company through an overhaul of its Commercial Sales Practices Format (CSP-1) disclosure and convinced the GSA to permit our client to implement an alternative pricing model that greatly reduced administrative burdens.

Assisted numerous clients with matters arising under U.S. Department of Veterans Affairs schedule contracts, blanket purchase agreements, and related national agreements, including matters relating to price reporting, drafting of proposals, interactions with federal employees, small business subcontracting, and compliance with other commercial-contracting requirements.

Arms Export Control Act - third party beneficiary claims

Our client sold microchips under a U.S. Air Force Foreign Military Sales (FMS) transaction to a foreign ally’s defense ministry, in a “back-to-back” sale under the Arms Export Control Act (AECA), in which the Air Force purchased the microchips from our client and then sold them in turn to the foreign defense ministry. The foreign defense ministry then sought to present warranty claims directly against our client, claiming to be a third-party beneficiary under our client’s contract with the Air Force. We waged successful litigation in federal trial and appellate courts raising issues of first impression, which established that third-party beneficiary claims are not available, given the public policy and intent of the AECA.

Automotive joint venture advice

Advising on a development and production joint venture formed by two leading suppliers of components for automobiles, trucks, and commercial vehicles, and on a distribution joint venture of leading commercial truck manufacturers.

AOL Sale of ICQ Instant Messaging Business

Represented AOL in the sale of its ICQ instant messaging business to Mail.ru Group Limited.

Antidumping and countervailing duty proceeding for freight railroad company

We represented a freight railroad company in an antidumping and countervailing duty proceeding at the International Trade Commission covering certain intermodal containers from China. We assisted the company in successfully opposing the imposition of antidumping and countervailing duties on the Chinese containers.

American Express’s divestiture of its global travel business

Representation of American Express in the divestiture of its global travel business to form a joint venture with Certares LP, which was the largest foreign investment ever in a travel management company and included Middle Eastern government-owned investors.

American Airlines on Global Ticket Inventory Distribution Agreements

Representing American Airlines on a series of global ticket inventory distribution arrangements with Amadeus, Sabre, and Travelport, and in information technology services agreements with Amadeus, Sabre, HP, and ITA Software (Google).

CFIUS counsel to AudioCodes in various acquisitions

Represented AudioCodes in its acquisitions of Netrake Corp and Nuera Communications.

Canadian IP trade dispute

Life sciences companies are being negatively impacted as a result of patent practices in Canada that are leading to the premature invalidation of pharmaceutical patents. We represent a major life sciences company in a dispute under the North American Free Trade Agreement (NAFTA) seeking compensation for losses suffered by Canada’s internationally inconsistent patent practices.

Cable One privacy class action

Achieved dismissals of three putative class actions against Cable One, a cable and Internet service provider, in litigation involving claims under the Wiretap Act, the Computer Fraud and Abuse Act, and related state laws. The litigation arose out of a third party’s test of a system using “deep packet inspection” for the purpose of serving targeted advertisements.

Biofuels Manufacturing Plant on Contaminated Property

Represented a client on environmental matters relating to building a biofuels manufacturing plant on contaminated property on a waterway in New Jersey.

Acquisition of Viper Strike business

Represented Northrop in the sale of its Viper Strike business to MBDA.

Aerospace Company Recovers Defense Costs after Fraud Investigation

Search warrants executed simultaneously on both coasts triggered an aggressive investigation of alleged Cost Accounting Standards (CAS) violations. First, we persuaded the U.S. Attorney to terminate its criminal case. Next, we convinced the Department of Justice’s Civil Frauds division that the case had no merit. Finally, we obtained a dismissal on motion of a pending qui tam case. After winning on all fronts, the client was able to submit and recover allowable costs of defense, including legal fees.

Advising on Safe Harbor framework

Advising global chemicals company on international data transfers

Advising a multinational chemicals company on international data transfers.

Advising clients on the negotiation and performance of contracts with the Biomedical Advanced Research and Development Authority, the Defense Threat Reduction Agency, and the National Institutes of Health

Advised multiple clients on matters arising from their negotiation and performance of manufacturing and research and development contracts relating to various pandemic and Chemical, Biological, Radiological and Nuclear (CBRN) threats, including matters relating to government indemnification or liability protection for unusually hazardous risks, compliance with cost standards and principles, and protection of intellectual property.

Advising clients in complex transactional work with life sciences portfolios involving government contracts

Advised multiple clients on unique government contracting considerations in the sale or licensure of their life sciences portfolios to companies with a broad range of government contracting experience.

Advice to U.S. Ambassador appointee

Covington successfully represented an individual who was vetted and confirmed for an appointment as the U.S. Ambassador to a major European country.

Advice to major corporations on vetting issues

Advice regarding bid and proposal costs

Advised our client regarding the circumstances in which bid and proposal costs may be claimed as reimbursable costs under a USAID contract, despite agency directive purporting to make virtually all such costs unallowable.

Advice on the collection and use of employee data

Advised a major pharmaceutical client on the collection and use of its employees’ biometric information and social security numbers for internal purposes.

Advice on removing discriminatory regulatory barriers

Advised a client in its international efforts to remove discriminatory regulatory barriers threatening to keep its product from the market in South Africa, the EU, India, and elsewhere.

Atlas Pipeline Merger

Represented The Special Conflicts Committee of the Board of Directors of Atlas Pipeline Partners, L.P. in its $5.8 billion merger with Targa Resource Partners LP.

Advised global nonprofit organization on the appropriate classification of proposal costs claimed in connection with extensions of existing contracts and grants, as well as requirements relating to negotiation of profit under sole-source subawards for commercial items.

AOL privacy class action

Achieved dismissal of a putative class action against AOL alleging violations of the Wiretap Act, Video Privacy Protection Act, and numerous state laws. The suit alleged unauthorized collection of personal information from the plaintiffs’ computers using “Flash cookies” and unlawful disclosure of video viewing information to third parties.

AOL TCPA class action

Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act. The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.

Pay-to-play advice for corporations

Pay-to-play laws do not just apply to investment advisers. Any company with government contracts is potentially subject to these rules. To that end, we regularly help our corporate clients develop and implement pay-to-play compliance policies and procedures.

Pay-to-play advice for major hedge funds

We advise several major hedge funds on compliance with federal and state rules governing political contributions by government contractors, as well as lobbying registration laws that apply to hedge funds that seek investments from state and local public pension plans.

Utility Air Regulatory Group v. EPA Amicus Brief

Prepare and submit amicus brief to the Supreme Court on behalf of legislators in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014).

USTA in ESPN Broadcast Deal

Advised the United States Tennis Association Incorporated and ESPN, Inc. on an 11-year broadcast deal regarding telecasting the entire US Open exclusively on ESPN networks starting in 2015.

USA Pavilion at the 2010 Shanghai World Expo

Advice regarding sponsorship and financing negotiations for the proposed USA Pavilion at the 2010 Shanghai World Expo.

U.S./UK employment contract

U.S. Sanctions Application Advice

Advised major international oil and gas companies concerning the application of U.S. sanctions against Iran, Syria, and other U.S.-sanctioned countries to their businesses.

U.S. regulatory guidance for South Korean airline

The second largest airline in South Korea was under investigation by the U.S. government in connection with a 2014 accident in San Francisco. Our Washington office guided the company’s participation in the National Transportation Safety Board (NTSB) investigation, and successfully mitigated U.S. public relations issues.

U.S. Department of Labor and Internal Revenue Service Investigations

Resolved contentious investigations by the US Department of Labor and Internal Revenue Service, in which the government took positions that exposed our clients to many millions, and in some cases over $1 billion, of potential liability. In several of these cases, we replaced counsel that was unable to reach agreement with the government, when litigation appeared to be imminent.

Univision Communications in Communications-Related Regulatory Matters

Representation of Univision Communications in all communications-related regulatory matters. Univision is the nation’s largest integrated Spanish-language media company and the fifth-largest broadcast network in any language, which owns nearly 150 radio and television stations, three national programming networks, internet portals and a suite of mobile communications products.

Two Major Hollywood Studios on Various Feature Films in China

Advise two of the major Hollywood studios on a number of different feature films in China. Film projects for the majors include both studio films intended for wide international release, as well as local Chinese-language productions. Work for the majors also include advice regarding cooperation agreements, development, copyright and IP infringement, and relationships with talent.

Turner Broadcasting System, Inc. in CBS Sports and NCAA Matters

Turner Broadcasting System, Inc. in the creation of its joint venture with CBS Sports and the venture’s 14-year television and new media rights agreement with the NCAA to present the Division I Men's Basketball Championship.

Transmission-Related Matters for PSEG

Represent PSEG, a large New Jersey electric utility, with respect to a range of transmission-related matters including financial incentives and favorable regulatory treatments for large transmission projects, cost allocation policy for certain transmission investments, and market based rates for new generation projects. We advised on the Northeast Grid Reliability Project sponsored by PSEG, a transmission investment of almost $1 billion, and in particular with respect to the rate incentives applicable to the project. FERC granted a range of incentives for the project. In a separate representation, we advised PSEG in a FERC proceeding that secured rate incentives and certain favorable regulatory treatments for PSEG’s construction of five large high-voltage transmission projects.

Transfer of UK executive to India

Structured the cross-border tax and employment aspects of the transfer of a UK executive to an Indian entity for a U.S. conglomerate.

Venture Negotiations and Public Policy Efforts for Pearl Mobile DTV

Represented Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.

Verizon Communications’ $7.5 billion annuity purchase

Represented Verizon Communications with respect to its pension plan’s $7.5 billion annuity purchase (one of the largest pension annuitization transactions in US history), and successfully defending Verizon against an attempt by retirees to block the transaction in court.

Wood Pellet Production Facility Development

Representing Wood Fuels LLC in development and financing of a wood pellet production facility in North Carolina.

Wind Policy FERC Regulatory Matters

White Paper for Major Energy Trade Associations

Represent seven major energy trade associations including Edison Electric Institute, American Gas Association, Natural Gas Supply Association, and Electric Power Supply Association in preparing a comprehensive White Paper evaluating FERC’s enforcement initiatives both substantively and procedurally, presenting it to FERC, and paving the way for the implementation of significant reforms to FERC’s enforcement program.

Whistleblower retaliation case

Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.

Whistleblower discrimination summary judgment win

Won summary judgment and Ninth Circuit affirmance of a whistleblower/discrimination case brought against a major pharmaceutical company.

Wellbutrin XL Antitrust Litigation

Washington National Cathedral in Copyright Matter in the U.S. District Court for the Eastern District of Virginia

Representation of Washington National Cathedral in a copyright action in the United States District Court for the Eastern District of Virginia to enjoin a major movie studio from its unauthorized use of a Cathedral sculpture in a popular feature film.

Wal-Mart Smart Grid and Demand Response

Wal-Mart on smart grid and demand response issues.

Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case

Representing Wachovia Bank, N.A. before the U.S. Supreme Court in the landmark preemption case, Watters v. Wachovia Bank, N.A., which held that federal preemption barred Michigan State officials’ efforts to regulate a mortgage subsidiary of Wachovia Bank.

Virtual Electricity Trader FERC Investigation

Represent a virtual electricity trader in an on-going non-public FERC investigation of fraud and manipulation with respect to trading virtual electricity products and congestion revenue rights in the California ISO markets. As in other cases, we have responded to extensive data requests from FERC, defended depositions, reviewed documents and prepared position papers evaluating the factual and legal issues.

Village Roadshow Limited (VRL) on Theme Park on Hainan Island

Advised Village Roadshow Limited (VRL) on its destination theme park on Hainan Island, China. The theme park will focus on marine animal attractions, with a similar format to VRL’s Sea World on Australia's Gold Coast, and will also include a Wet ‘n Wild style water park.

Village Roadshow Entertainment Group Asia on Multiple Matters

Wide ranging advice to Village Roadshow Entertainment Group Asia, which has co-produced leading Chinese box office hits such as Stephen Chow’s “Journey to the West.”

Washington v. National Football League

Dismissing a purported class action antitrust suit brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.

Policy advice in South Africa

We assisted a large trade association engage with the South African government on a number of issues, including IP and other issues related to the life sciences sector.

Testified in Favor of and Played an Advisory Role in Crafting, Federal Legislation to Limit “Libel Tourism”

A Covington partner testified in favor of, and played an advisory role in crafting, federal legislation to limit “libel tourism,” the practice of libel plaintiffs suing U.S. publishers abroad. The resulting legislation, the SPEECH Act, unanimously passed the House and the Senate and was signed into law in August 2010.

TerreStar Networks in Compliance Matter

Representation of TerreStar Networks, one of the companies that won a license to offer mobile satellite service (“MSS”) in the 2 GHz band, on critical milestone compliance and MSS spectrum allocation issues.

Television Clients on Pre-Publication Review, Newsgathering and Subpoena Defense Issues

Provided pre-publication review, newsgathering and subpoena defense work for television clients in some 25 states on a 24/7/365 basis. To ensure that our team is fully available to journalists around the clock, we have established technical solutions so that scripts, video clips and documents are distributed electronically to all members of our team simultaneously.

Specialty Equipment Manufacturers on FCC Compliance

Representation of one of the leading distributors of televisions to the healthcare field, Specialty Equipment Manufacturers, on FCC compliance issues. When its leading manufacturer discovered problems complying with an FCC rule, we sought a waiver of the FCC’s Part 15 requirements for one of the leading TV set manufacturer in this market.

Sony BMG Music Entertainment in Class Action Lawsuit

Representation of Sony BMG Music Entertainment in a class action lawsuit challenging royalties for downloading music and in connection with an insurance coverage dispute arising out of damage allegedly caused by DRM software included on music CDs.

SES Americom on Advice and Advocacy at FCC and DOJ

For SES Americom, we provided advice and advocacy at the FCC and DOJ concerning the impact of the News Corp. acquisition of Hughes Electronics (and its subsidiary, PanAmSat), on competition in the satellite distribution services industry.

“Small Refinery” Exemption Advice

Advise petroleum refiner regarding the scope and applicability of the “small refinery” exemption from the renewable fuel standard.

San Francisco Digital Media Advisory Council Member

Covington is the only law firm member of the San Francisco Digital Media Advisory Council, a coalition between the City of San Francisco and a host of leading digital media and entertainment companies, including Electronic Arts, Lucasfilm, Dolby Labs, Wild Brain Entertainment, Giant Killer Robots, Dreamworks Animation and Pixar.

Rural Local Exchange Carrier with Telecommunications Issues

Representation of one of the industry’s largest rural local exchange carriers as principal outside regulatory counsel in the U.S. in connection with universal service, intercarrier compensation and broadband compliance, investigations and policymaking proceedings.

Human Rights Due Diligence

Conducting human rights due diligence exercises relating to the potential acquisition of multinational businesses (including a business subject to disclosure requirements relating to potential use of conflict minerals in its products).

Two Major National News and Public Affairs Magazines and a National Newspaper on International Newsgathering and Libel Exposure Issues

Advised two major national news and public affairs magazines and a national newspaper on international newsgathering and libel exposure issues. For example, we have advised on the use of hidden cameras in Africa, India and Europe. We also represented a 50-member media coalition in successfully persuading Canadian courts not to exercise jurisdiction over the Washington Post in Bangoura v. Washington Post.

Verizon in Dispute with RIAA

Representation of Verizon in a dispute with the Recording Industry Association of America over the application of safe harbor provisions of the Digital Millennium Copyright Act to subscribers’ sharing of music and other content using peer-to-peer services.

Pipeline System Restructuring

Texican in contesting a settlement involving SCANA’s proposed restructuring of its pipeline system.

Pharmaceutical Regulations as Hazardous Waste

Advise pharmaceutical companies regarding the regulations of pharmaceuticals as hazardous waste under RCRA.

Pharmaceutical public policy and government affairs

We advise a major pharmaceuticals and health care products company on a wide range of U.S. issues, including Medicare/Medicaid coverage and reimbursement matters related to medical devices, reauthorization of nutrition programs and food labeling policy and tax policy and assist them in advancing their domestic legislative and policy objectives. We also provide global public policy advocacy in countries around the world and in international regulatory bodies.

Representing Plaza Bank in the U.S. Justice Department’s “Operation Choke Point” initiative that focuses on banks doing business with third-party payment processors and pay-day lenders and alleges violations of FIRREA.

Pepco Holding's Conectiv Energy Sale

Represent Pepco Holdings, Inc. on the negotiation and sale of its 3800 MW Conectiv Energy wholesale power generation business to Calpine Corporation, including securing the necessary FERC approval under the Federal Power Act.

Vivint Solar Acquisition by SunEdison

KKR and Texas Pacific Group Acquisition of TXU Corp.

KKR and Texas Pacific Group in securing the necessary FERC and NRC approvals for the successful acquisition of TXU Corp. for $45 billion, the largest leveraged buyout in history. The acquisition of TXU included its large fleet of generation assets in Texas as well as transmission and distribution facilities. We also provided counsel on energy regulatory, climate change, government affairs, and public policy matters. The acquired company is now Energy Future Holdings.

XM Satellite Radio on Insurance Claim

Advised XM Satellite Radio on an insurance claim arising out of the solar array anomaly in its two Boeing 702 satellites and have advised a leading aerospace insurance broker on the wording of satellite-in-orbit policies.

Young v Verizons Bell Atl Cash Balance Plan

Young v. Verizon’s Bell Atl. Cash Balance Plan, __ F. Supp. 2d __, 2009 WL 3677350 (N.D. Ill. Nov. 2, 2009). For Verizon, we secured a court order reforming a $1.7 billion drafting error in a pension plan formula. This was the first court order correcting a scrivener’s error in an ERISA plan.

Representation of US Client in Acquisition of Space Sector Company with Russian Presence

Advised a U.S. company on export controls, sanctions, and other issues associated with its acquisition of a U.S. company with space-related business activities in Russia.

Counsel to Aerospace Client on ITAR Issues

Advised major non-U.S. aerospace company regarding ITAR brokering issues relating to their business activities in Russia.

Pohlad Family’s Acquisition of PaR Systems

Represented the Minnesota-based Pohlad family as regulatory counsel in its acquisition of PaR Systems, a leading provider of integrated robotic automation and specialized material handling solutions. We handled government contracts matters for the Pohlad family.

Meretek Diagnostics ITC Section 337 Investigation

Medical Certification Organization on OSHA Regulatory Policies

Advised a major medical certification organization on potential changes to OSHA regulatory policies.

NRCC internal embezzlement investigation

Conducted an internal investigation for the National Republican Congressional Committee (NRCC) concerning a massive embezzlement scheme by its treasurer. We also represented the NRCC successfully in subsequent FEC and DOJ investigations.

Restrictions and Requirements on Borates in Eye Care Products

Provided regulatory and strategic advice to Johnson & Johnson on possible EU REACH restrictions and prior authorization requirements on the use of borates in eye care products.

San Francisco 49ers in Antitrust Challenge to Ticket Policies

Defending 49ers in class action antitrust challenge to its policies governing the printing of pdf copies of game tickets (Kazemzadeh v. San Francisco 49ers).

San Onofre Nuclear Generating Station Steam Generators Issues

Southern California Edison in connection with issues associated with the steam generators at San Onofre Nuclear Generating Station.

Smelter Site Claimed Legacy Liability and State Agency Negotiations

Advise client regarding claimed legacy liability for multiple century-old smelter sites in the state of Kansas, and negotiate with state agency regarding same.

Smart Grid Company Acquisition

Smart grid technology company in connection with its acquisition by a Fortune 200 company.

Smart Grid and Demand Response Issues for Multiple Clients

Securing U.S. government support for clients in bilateral negotiations

Several companies and individuals facing complex legal issues in jurisdictions abroad sought our help securing the U.S. government’s involvement in support of our clients’ positions. The bilateral, government-to-government engagement by senior U.S. officials with their counterparts in foreign governments has significantly strengthened our clients’ ability to influence outcomes in the foreign legal processes. Our activities have included efforts to ensure fair and unbiased regulatory decisions and initiatives to address unwarranted judicial or prosecutorial actions.

Assisted a satellite provider in establishing a European services satellite trade association. Subsequent representation of the association enabled us to combine our knowledge of law relating to EU trade associations with our experience in EU legislative advocacy in the telecom industry.

SandRidge Energy Secured Revolving Credit Facility

SandRidge Energy Sale to Sheridan Production Partners

SandRidge Energy, Inc., an oil and natural gas exploration and production company, in its $2.6 billion sale of Permian Basin properties in West Texas to Sheridan Production Partners.

SandRidge Energy Initial Public Offering

SandRidge Energy, Inc. in its initial public offerings of three royalty trusts sponsored by SandRidge, with aggregate proceeds of $1.5 billion.

SandRidge Energy Acquisition of Dynamic Offshore Resources

SandRidge Energy, Inc., an oil and natural gas exploration and production company in its $1.2 billion acquisition of Dynamic Offshore Resources, LLC.

SandRidge Energy Acquisition of Arena Resources

SandRidge Energy, Inc., a crude oil and natural gas exploration and production company, in its $1.6 billion acquisition of Arena Resources, Inc.

SEC Investigation Regarding Middle East Activities

A major oil company in a SEC investigation into activities in a Middle Eastern nation.

Global Human Rights Policies and Procedures

Working with leading multinational companies on their global codes of conduct and business ethics documentation with a particular focus on human rights issues, including anti-discrimination policies, data privacy, freedom of association, the use of whistleblower hotlines, and other areas.

Human Rights Training

Multi-Disciplinary Compliance Matters

Advising clients, including manufacturers across a range of industries on EU environmental and conflict mineral regulations and initiatives.

Supplier Relationships: Documents and Strategy

Advising a leading consulting firm on the drafting and implementation of its new supplier code of conduct, and the scope of related contractual clauses, audit rights, and other compliance documentation and issues.

Asia data privacy

Advising a global online travel company in relation to the company’s expansion in the Asian markets, including compliance with laws regulating the Internet.

Representation of Microsoft in connection with its complaint regarding the anticompetitive patent licensing practices of Motorola Mobility.

Report on Policy Options for Creation of Independent Regulatory Authorities in the EU

Researched and crafted a comprehensive report on the policy options for creation of independent regulatory authorities in the EU.

Renewable Energies Directive Regulatory and Legislative Advice

Provide regulatory and legislative advice regarding biofuel plants to an investment fund in connection with the European Union’s review of its Renewable Energies Directive and the adoption of sustainability criteria for biofuels.

Reliance Infocomm Limited in $750 Million Financing

Represented Reliance Infocomm Limited in connection with its $750 million financing from the Export-Import Bank of the United States and Export Development Canada. The financing was provided to assist Reliance Infocomm in building a state of the art telecommunications infrastructure for India -- the largest and most complex information and communications technology initiative in the world. The definitive documents for the facility were entered into in December 2004 and the facility was drawn on in March 2005. The facility was the largest telecom installations loan for any company world-wide in 2004.

Reinstating Medicaid coverage

We assisted several pharmaceutical manufacturers in reinstating Medicaid coverage for products dropped from the program by the Centers for Medicare & Medicaid Services (CMS).

Regulatory requirements for domestic and international derivatives activities

Advise multiple derivatives market participants, including energy company end-users, regarding the regulatory requirements for domestic and international derivatives activities, specifically the analysis of whether financial products are “swaps” under Dodd-Frank, the analysis of whether a market participant satisfies the CFTC’s swap dealer registration requirements and the application of the CFTC’s guidance on the cross-border application of Dodd-Frank on the market participant’s derivatives activities.

Refining and Marketing Joint Venture Antitrust Challenge

American Petroleum Institute as an amicus curiae in a U.S. Supreme Court case concerning an antitrust challenge to a refining and marketing joint venture.

REACH Regulation of Nanotechnology Companies

Assistance to companies on nanotechnology regulation under the EU chemicals regime (REACH).

REACH Advice for Chemical Producers

We advised chemical producers and downstream users on emerging rules with respect to the registration, testing, and classification of chemicals (REACH).

RCRA Status and De-Listing Hazardous Waste

Advise fertilizer manufacturer on the RCRA status of various waste streams and the process for de-listing hazardous waste under RCRA.

Race and national origin discrimination jury trial win

Won a jury trial for a major credit card firm, defending claims based on race and national origin discrimination; and he obtained an award of $265,000 in attorneys' fees against the law firm of plaintiff's counsel.

Qualcomm in Acquisitions and Investments with Omnia

Qualcomm in acquisitions and investments including its joint venture with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology; its acquisition of UK-based Elata (Holdings) Limited, which provides content delivery and device management software systems; and its acquisition of Trigenix Limited, a European mobile content delivery software producer.

Public policy support for companies facing criminal investigations

A company facing a criminal investigation in Latin America turned to us for legal and policy advice.

Public policy support for companies bidding on international infrastructure projects

A major U.S.-based infrastructure company turned to us for help bidding for contracts on major infrastructure projects in Bahrain and Egypt. Through our contacts with high-ranking embassy officials, we ensured our client’s bids received fair and equal treatment and consideration in the tender process, and we helped the client secure the contracts it was pursuing.

Represented major financial services company in FTC investigation

Represented a major financial services company in an investigation by the FTC of alleged exclusionary conduct with no action being taken against our client.

Represented electronics manufacturer in EU TFT-LCD investigations

Represented a global electronics manufacturer concerning all aspects of the European investigation into alleged collusion in TFT-LCD (1&2).

Animal Drug Regulation

Advising veterinary pharma companies on issues relating to abbreviated paths to drug approval and issues related to the Center for Veterinary Medicine’s new positioning on growth promotion claims for antibiotics used in human medicine.

Asset Purchase Agreement Dispute Regarding Legacy Contamination

Assist non-profit organization respond to state agency complaint

Advising a non-profit organization in its response to a campaign finance complaint filed with a state enforcement agency.

BSA and Other Software Publishers in Preparation of Amicus Briefs

Representation of Business Software Alliance and software publishers in preparation of amicus briefs filed in appellate and Supreme Court cases involving seminal copyright issues, including the Napster, AOL and Grokster cases.

Broadcasters, Washington Post, and NFL on Broadband Matters

Advised local broadcasters, which have unique content in many markets, as they explore deals to move their content to broadband platforms, advised the Washington Post, and worked for many years with the NFL on a range of important communications and media issues, including debates on Sunday Ticket, importation of distant signals, and Internet gambling.

Broadcasters on Range of Legislative Issues

Representation of broadcasters on a range of legislative issues, including media ownership and the digital television transition. When the FCC proposed to increase the number of stations a network could own, Covington led the effort to urge Congress to adopt a special provision reversing the FCC. On behalf of broadcasters, we have been deeply involved in drafting every provision affecting the digital television transition over the past decade. Our long involvement in these issues before the Commission enable us to contribute effectively and efficiently to the debate before Congress.

Brady v. National Football League

Covington successfully represented the National Football League in a class-action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees. The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.

Lead trial and arbitration counsel for BP in insurance coverage disputes arising from the Deepwater Horizon incident and resulting oil spill in the Gulf of Mexico.

Biopharmaceutical Legislation Representation

Representation of coalition of innovative biopharmaceutical manufacturers during the multi-year process that led to enactment of the Biologics Price Competition and Innovation Act of 2010 (BPCIA). Played a similar role for the pharmaceutical industry prior to enactment of the Hatch-Waxman amendments of 1984. Currently advising members of the pharmaceutical industry on FDA regulatory aspects of 21st Century Cures Act and the Senate’s Innovation for Healthier Americans initiative.

Bevill Exemption Scope Counseling

Advise fertilizer manufacturer regarding the scope of the Bevill exemption for the processing of natural resources under RCRA.

Bespoke Policy Development

When a newly formed government ministry in the Middle East was charged with developing “best-in-class” regulations, they turned to our policy experts and senior international advisors to design a regulatory system that would not only surpass global benchmarks, but would comport with the local legal system. Combining decades of government experience, key regulatory development, and local insight, our team delivered practical, implementable rules that are still in force today.

Benzene Emissions Toxic Tort Claims

An energy company in defending numerous toxic tort claims relating to alleged benzene emissions from an oil refinery in Texas.

Belo Corporation in Agreement with Weathernews Inc

Belo Corporation, an owner of television and radio stations and daily newspapers, in an agreement with Weathernews, Inc., an aggregator of digital content. Belo provided news and weather information, including video clips, for distribution by Weathernews to mobile telephones.

Amyris Representation in Europe

Represent Amyris, Inc. regarding antitrust and competition law, EU chemicals regulations (including “REACH”) and other European distribution arrangements and other areas where we have specialized expertise.

Belo Corp. in Formation of Joint Venture with Right This Minute LLC

Belo Corp. in the formation of a joint venture with Right This Minute LLC to produce and distribute alternative news programming to local television stations.

Battery Recycling in New York State

Advise client regarding New York state battery recycling plans.

Barrington Broadcasting's Arrangement with Granite Broadcasting

Barrington Broadcasting in a novel four-station shared services/joint-sales arrangement with Granite Broadcasting for coordinated television station operations in two markets.

Automotive Parts Class Actions

AT&T against Claims of Misleading Advertisements

Representation of AT&T in a trial in the District of Maryland concerning claims by a competitor that AT&T’s advertisements for telephone calling cards were misleading.

AstraZeneca in $1.26 Billion Acquisition of Ardea Biosciences

Representation of AstraZeneca in its $1.26 billion acquisition of Ardea Biosciences. Under the agreement, AstraZeneca will pay $32 per share for all of the outstanding shares of Ardea. AstraZeneca is a global, innovation-driven biopharmaceutical business with a primary focus on the discovery, development and commercialization of prescription medicines for gastrointestinal, cardiovascular, neuroscience, respiratory and inflammation, oncology and infectious disease. Ardea is a biotechnology company based in San Diego, California, focused on the development of small-molecule therapeutics for the treatment of serious diseases.

AstraZeneca/Bristol-Myers Squibb diabetes alliance

Representation of AstraZeneca in its strategic diabetes alliance with Bristol-Myers Squibb, including with respect to collaboration arrangements for the development and commercialization of Amylin Pharmaceuticals’ portfolio of diabetes products following BMS’s acquisition of Amylin in a deal valued at $7 billion (approximately half the cost of which was borne by AstraZeneca).

Association for Maximum Service Television, Inc. on Legislative and Regulatory Broadcast-Related Issues

Representation of the TV industry trade association, the Association for Maximum Service Television, Inc. (MSTV), with respect to legislative and regulatory issues affecting broadcast television service, including the congressionally-mandated transition to an all-digital television service in June 2009 and the FCC's preparation of the National Broadband Plan mandated by Congress in the American Recovery and Reinvestment Act of 2009.

BBVA in Acquisition of Simple

Representation of Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple. The $117 million acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco González, Chairman and CEO of BBVA, Simple will reinforce BBVA’s “global digital transformation while BBVA will provide the means to help Simple maximize its outstanding growth potential.”

80-Member Media Coalition to Protect Journalists’ Rights

Led an 80-member media coalition in persuading Congress to introduce legislation to protect journalists’ rights to protect their sources.

Represented electronics manufacturer in EU DRAM investigation

Represented a global electronics manufacturer in the European investigation into alleged collusion in DRAM.

Represented a tech firm in FTC investigation of a standard setting organization

Represented technology firm in connection with a FTC investigation of a standard setting organization.

Represented a major U.S. transportation company in DOJ investigation

Represented a major U.S. transportation company in a DOJ investigation with no action taken against our client.

Represented a company in DOJ investigation of employee recruiting

Represented company in DOJ investigation of employee recruiting practices.

Representation of Sony Music Entertainment in IP related claims

Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.

Resolution of copyright infringement matter for international video game publisher

Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.

Representation of Coalition of Oil and Gas Companies in Efforts to Pursue California Offshore Oil and Gas Leases

A coalition of eleven oil and gas companies whose efforts to pursue development of their California offshore oil and gas leases were thwarted by the federal government, recovering more than $1.0 billion, including judgment after trial on complex geological and reservoir engineering issues.

Representation of an international beverage company in LCIA and UNCITRAL arbitrations

Representation of a leading Caribbean-based international beverage company in an LCIA arbitration against the former controlling shareholders of a major European-based company that was acquired by our client and in successfully handling a London-sited UNCITRAL arbitration administered by the LCIA.

Smith Electric Vehicles Financing

Smith Electric Vehicles Corp. in its $35 million Series C preferred stock financing; in its $40 million Series D preferred stock financing; and in a private placement of convertible senior notes.

NBA Properties and NBA Member Teams in Trademark Litigation Concerning the DREAM TEAM Mark

Representation of NBA Properties and the NBA member teams in trademark litigation concerning the DREAM TEAM mark in the United States District Court for the Eastern District of Missouri, and also in anti-counterfeiting litigation concerning other NBA marks brought in the United States District Court for the District of Columbia against purveyors of counterfeit NBA merchandise in connection with an NBA All-Star game.

Navigating regulatory challenges for international investments

We advised a young exploration and production company on mitigating above-ground risk, preserving $4 billion in value in a Western African company, and navigating legal and policy issues surrounding hydrocarbon exploration and development in a non-self-governing territory.

ICSID Arbitration Against Latin American State

A French oil and gas independent in an ICSID arbitration against a Latin American state, in a dispute arising out of alleged breaches of a bilateral investment treaty and several production sharing agreements.

Advice to major hedge funds

We advise various major hedge funds on all of their campaign finance and lobbying compliance issues, including state lobbying registration laws that apply to hedge fund marketing activities.

Advertising Transitions Negotiations Involving Paid-Programming

Advertising-Based Content Licensing Arrangements Negotiations

Negotiated advertising-based content licensing arrangements, including in print, broadcast, and online media, and those associated with mobile-telephone content.

Administrative Relief of Clean Air Act Penalties

Successfully represented a coalition of electric utilities in obtaining administrative relief from EPA from millions of dollars of Clean Air Act §185 nonattainment penalties.

Acquisition of U.S. Telecommunications Company

Advise European telecommunications company regarding acquisition of US telecommunications company.

Acquisition of IBM's semiconductor manufacturing business

Represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business. The transaction was significant because IBM’s semiconductor business was the original member—and IBM remains the most significant participant— in the U.S. government’s Trusted Foundry Program.

AbbVie/Calico $1.5B collaboration

Assisting AbbVie in structuring and negotiating a novel collaboration with the Google-backed life sciences start-up company Calico to form a $1.5 billion to fund a program focused on aging and age-related diseases.

Advise a custody bank on customer collateral requirements

Provide advice to a major custody bank related to the CFTC requirements for customer collateral, including rules related to the interactions with futures commission merchants and clearinghouses.

Advise Leading Online Company on Global Compliance and Privacy Principles

Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.

Amending the Dodd-Frank Act

We worked with a major financial trade association in a successful effort to amend a provision of the Dodd-Frank Act.

Represent the American Athletic Conference in a putative antitrust class action challenging NCAA and Conference rules on financial aid limits for student athletes. This lawsuit challenges the very existence of amateur collegiate athletics.

Alleged Natural Gas Trading Manipulation

Represent a natural gas trading company and six of its executives and employees in a wide-ranging ongoing FERC enforcement investigation, involving extensive data requests and depositions, of alleged manipulation of natural gas trading in early 2012.

Advocacy Assistance on International Environmental Treaties

Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in the United States, in various states of the United States and in the European Union.

Gas Pipeline Explosion Lead Counsel

Lead counsel for Apache Corporation in insurance coverage arbitration and litigation proceedings relating to the explosion of a gas pipeline in Western Australia.

Representing General Electric and Synchrony Financial (GE Capital’s former North American retail finance business) in connection with Synchrony’s approximately $2.95 billion initial public offering and in connection with GE’s subsequent exchange offer to complete the separation of Synchrony from GE, including the Federal Reserve Board application process and approval required for the Synchrony’s separation from GE.

PCI DSS Standards

PBS in Proceedings Before FCC, U.S. Copyright Office, and Other Policy Settings

Representation of the Public Broadcasting Service (PBS) in proceedings before the FCC, U.S. Copyright Office and other policy settings, including with respect to the role and distribution of educational and other noncommercial media across the broadcast, online, mobile and other IP-based platforms.

Pay to play analyses

Conducted a detailed analysis of pay-to-play issues for a major pharmaceutical company and have obtained favorable advisory opinions from state regulators for a variety of our corporate clients.

ICC Arbitration Regarding Alleged Breach of First Refusal Rights Under a JOA

A French E&P company in an ICC arbitration with a Swedish independent arising out of the alleged breach of first refusal rights under a JOA.

Hydroelectric Project Development in Congo

Advising African Power Corporation on development of a hydroelectric project in the Republic of Congo.

Hydroelectric Facilities Potential Acquisition

An independent power producer on potential acquisition of hydroelectric facilities.

Hurricane Katrina insurance recoveries

Representing a national hotel company in litigation over coverage for property damage and business income losses caused by Hurricane Katrina.

Hudson River Transmission Cable Installation

PSEG in structuring a project which would interconnect to Manhattan a 555 MW generating unit in New Jersey by means of a transmission cable to be installed under the Hudson River and advising on complex FERC open access, tariff, and other transmission issues.

HR operations audit for multinational pharmaceutical client

Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the US and EU, in anticipation of possible certification under the US-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.

Horizon Discovery on Sage Labs Acquisition

Representation of Horizon Discovery Group plc, an AIM listed international life science company supplying research tools and services to organizations engaged in genomics research and the development of personalized medicines, on the acquisition of Sage Labs Inc. for a total of approximately $48 million (£29 million), comprising up to $16 million in cash and up to $32 million in new ordinary shares. The acquired business will be known as Sage Labs Inc., a wholly owned subsidiary of Horizon Discovery Group plc. The acquisition creates a fully integrated translational genomics platform and significantly expands Horizon’s product, service and research offerings.

Holden Mine CERCLA Site

Advise Rio Tinto in connection with the Holden mine CERCLA site in Washington state, including commenting on proposed ROD and advising on various aspects of the ongoing cleanup.

Hire of a European CEO for a FTSE-listed company

Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.

HIPAA training

On behalf of a major consumer products company, developed a HIPAA training module for the company’s health plan.

HIPAA compliance

Advised major corporations on HIPAA compliance issues relating to their employer health plans.

HIPAA Breach Notification Requirements

Advised employer health plans on HIPAA breach notification requirements relating to breaches of protected health information held by the plans.

ICSID Arbitration Against Republic of Ecuador

Co-lead counsel to Occidental Petroleum in an ICSID arbitration against the Republic of Ecuador arising out of the wrongful termination of a production-sharing agreement that resulted in the largest ICSID and investment treaty award to date.

Representing subsidiaries of an international oil company in pending ICSID arbitration proceedings involving expropriation of investments in Venezuela, resulting in a tribunal award of compensation exceeding U.S. $2 billion in value.

Implementation of Habitat Conservation Plan for Endangered Shorebirds

Representation of First Wind in advising and consulting with federal and state agencies on implementation of a Habitat Conservation Plan for endangered shorebirds on Maui, Hawaii.

In re Automotive Wire Harness Systems Antitrust Litigation

Representing S-Y Systems Technologies Europe, GmbH, the only defendant dismissed in its entirety from the wire harness price-fixing litigation, which is the lead case in the sprawling Automotive Parts Antitrust Litigation pending in Detroit. The court granted motion to dismiss, on personal jurisdiction grounds and did not grant the plaintiffs’ request for jurisdictional discovery.

Insurance Claims Related to Fires at Kahuku Wind Farm

Representation of First Wind Holdings with regard to insurance claims arising out of fires that occurred at its Kahuku Wind farm, Oahu, in 2011 and 2012. Coverage issues include property damage, business interruption, and potential environmental liability issues.

Inquam Limited in Acquisition of Telemobil S.A.

Inquam Limited in its acquisition of Telemobil S.A., the Romanian wireless telecommunications operator, and on Telemobil’s subsequent vendor financing facility with Lucent Technologies.

Innovative Program Agreements Negotiations for Multiple Clients

Negotiated various innovative program agreements for (a) the NFL, including for example, its deals with ESPN and Sprint and one with TiVo to protect its programming against Internet piracy, (b) other program deals involving PBS, Comcast and Children’s Television Workshop and (c) NBC Weather Plus and NBC Broadband -- joint ventures between the network and its affiliates.

Initial Public Offering and Capital Raises for Indian Wind Energy Project

Advise Indian Energy Limited relating to a wind energy project in India on its initial public offering on AIM and other capital raises pre- and post-IPO.

High-level advocacy before the U.S. executive branch

A U.S. defense company faced stiff competition from a non-U.S. competitor in connection with the deployment of its technology in a NATO-member country, which was seeking a complementary commitment from the U.S. government. We conducted high-level advocacy in the United States, helping our client obtain the needed commitment to secure the transaction-a deal valued at about $5 billion.

Advice on the application of the CFTC's core principles for trading platforms

Advise a derivatives trading platform on the application of the CFTC’s core principles for swap execution facilities and designated contract markets.

Advertising of “Functional Foods”

Advised on the advertising of “functional foods” -- foods and dietary supplements with particular health benefits and organic foods.

Adobe on Media-Related Project

Advise U.S. software company, Adobe, on a media-related project in China.

Abu Dhabi National Energy Company's energy investments

Represented Abu Dhabi National Energy Company (TAQA) in its acquisitions of a 50 percent interest in a wind farm from EDF and of a tolling arrangement in the electric power industry.

Abbot Laboratories - AbbVie de-merger

Advising Abbott Laboratories in relation to all privacy aspects of its global de-merger, involving the division of the company into a research-based business, AbbVie.

Advise a coalition of foreign currency intermediaries

Advise a coalition of foreign currency intermediaries regarding the CFTC’s external business conduct regulations in the context of foreign currency prime brokerage arrangements, including a successful request for no-action relief to the CFTC.

Amendment on housing legislation

We represented two major financial trade associations in drafting and presenting to Congress amendments to proposed legislation to revamp the housing finance system.

Allergy Therapeutics on Alerpharma Acquisition and £20 Million Placing

Representation of Allergy Therapeutics plc, the AIM-listed specialty pharmaceutical company, in its acquisition of Alerpharma, S.A. a Spanish-based allergy immunotherapy company which previously spun out from Spanish biopharmaceutical company, Zeltia S.A. Covington also advised Allergy Therapeutics on its recent £20.8 million placing of ordinary shares with institutional investors. The proceeds of the placing are being used to progress the clinical development of the company’s lead product, Pollinex Quattro Grass, through to FDA approval and planned launch in the United States in 2019.

Advocacy support for a major Defense Department procurement

We advised a major U.S. defense company in advocacy efforts before Congress in support of a major weapon acquisition system valued at $50 billion.

Advise U.S. investment bank with international offices on the regulatory treatment of derivatives

Advise a U.S. investment bank with international offices on the regulatory treatment of derivatives, including the CFTC’s guidance on the cross-border application of Dodd-Frank and the related structure of the investment bank’s operations.

Gas Utility Controversy with El Paso Natural Gas Company

A large gas utility in a controversy with El Paso Natural Gas Company concerning rights of contract termination and Rights of First Refusal.

PCPC Outside Counsel

Serve as principal outside counsel to the Personal Care Products Council, attending Council meetings, preparing draft legislation and Congressional testimony, assisting in regulatory litigation, advising on all aspects of FDA regulation, and providing advice on a wide variety of trade association matters.

PBS in Two Trademark-Related Matters

Representation of Public Broadcasting Services (PBS) in trademark litigation to recover the PBS.COM domain name in the United States District Court for the Eastern District of Virginia; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's mark BE MORE RESPONSIBLE is likely to cause confusion with PBS's BE MORE mark.

PBS in Negotiations and Administrative Proceedings

Advise Public Broadcasting Service in negotiations and administrative proceedings relating to the distribution of statutory copyright royalties by the United States Copyright Office.

PBS in False Advertising Claims Matters

Representation of Public Broadcasting Service (PBS) in a trial of false advertising claims brought by PBS challenging a video marketer’s use of the phrase “public television presents” in the Eastern District of Virginia.

Partnerships and Licensing Relationships for Cellulosic Ethanol in Brazil

Assist Raízen Energía S/A with various strategic partnerships and licensing relationships connected with the development of technologies and construction of facilities for the production of cellulosic ethanol in Brazil.

Industrial conglomerate integrated compliance

Advising a major multi-sector industrial company in developing an integrated compliance program, including assessment of the company’s corporate risks and current compliance function, and the creation and implementation of training regimes, tailored policies and operational procedures to support those policies, and mechanisms to monitor compliance and address any issues that arise. The enhanced compliance program is designed to support a wide variety of business units, including industrial sites, and sales and procurement functions. The project also entails developing policies to address compliance in the company’s third-party collaborations.

Indoor Air Quality Rulemakings

Represent a national association of property owners in the OSHA rulemakings about indoor air quality.

Indian Point Reactors License Renewal

Entergy in connection with the license renewal for the Indian Point reactors.

India Bank Project Financing

ICICI Bank Limited, India’s second largest bank, and Standard Chartered Bank, India’s largest international bank, as joint lead arrangers for an aggregate of $925 million in project financings supporting power plant and port expansion projects being undertaken by two affiliates of Reliance Industries.

In re TFT-LCD Antitrust Litigation

Represent Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays. Won dismissal of claims valued at more than $3.5 billion, brought by Motorola Mobility against Samsung Electronics and several other manufacturers, shortly before trial.

We secured the reversal of a class certification order in a “stock drop” lawsuit claiming breaches of fiduciary duty in the administration of a company retirement savings plan.

In re K-Dur Antitrust Litigation

Representing Schering-Plough (now Merck) in multi-district class action litigation challenging so-called reverse payment settlements of pharmaceutical patent litigation. Obtained denial of certification of indirect purchaser class, after which indirect purchasers voluntarily dismissed their case. The team previously defeated the FTC at trial in an action on the same facts, and will now have the opportunity to resolve the direct purchaser portion of the case under a recent Supreme Court decision.

In re High-Tech Employee Antitrust Litigation

ING Insurance International in Sale of Mortgage Business in Mexico

Advising ING Insurance International on the sale of its mortgage business in Mexico, ING Hipotecaria, to the Mexican banking subsidiary of Banco Santander, Spain’s largest bank, for approximately $50 million.

Healthcare business corporate structure and governance

Advice to a major pharmaceutical in establishing a healthcare business in the UK, including strategic advice on corporate structure and governance issues and compliance with Vare Quality Commission standards.

Freight Fuel Price-Fixing Litigation

Freddie Mac in connection with the establishment of the US government conservatorship

Representing Freddie Mac in connection with the establishment of the U.S. government conservatorship over the company during the financial crisis in 2008.

Freddie Mac FEC enforcement action

Represented Freddie Mac in the largest-ever FEC enforcement action against a corporation, and negotiated a global FEC settlement on behalf of the corporation and its former officers, which resulted in no penalties for individual Freddie Mac officers and executives.

Former CEO of IndyMac Bancorp in Litigation

Representing the former CEO of IndyMac Bancorp in matters arising out of the failure of IndyMac Bank, including knocking out all but one claim in SEC’s once wide-ranging securities enforcement case and settling the last remaining claim, without admitting or denying liability, as a negligence-based claim for $80,000 and a commitment to comply with the securities laws; successfully resolving an FDIC lawsuit; and defending against and/or successfully resolving several securities class action lawsuits, mortgage-backed securities cases, and purported ERISA class action lawsuits.

Foreign banking organizations in the restructuring of their U.S. operations

Representing several foreign banking organizations in the restructuring of their U.S. operations, including in the establishment of intermediate holding companies, mergers and acquisitions and regulatory filings associated with these corporate transactions.

Food Contamination Litigation

Successfully warded off potential California Proposition 65 lawsuits regarding 4-MEI in sodas and lead in juices, and successfully represented companies in litigation regarding lead in chocolate and mercury in tuna.

Food Safety and Health Benefits Claims Advocacy and Implementation

Helped influence the development of the FDA Food Safety Modernization Act (FSMA) to minimize unnecessary and costly burdens on industry, and represent clients with respect to food safety laws, health benefits claims, and compliance matters.

Food and Cosmetics Labeling Class Actions

Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act and Unfair Competition Law arising out of alleged false and misleading statements on labels and marketing materials.

Global privacy compliance programs

Designed a compact worldwide privacy compliance program for a U.S. multinational company.

Global Privacy Audit for Leading Consumer Electronics and Technology Companies

On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.

Global policies and procedures

Advising Microsoft on a broad range of privacy and data security issues impacting its services in Europe and at a global level.

Global health privacy advice

Advised pharmaceutical companies in the United States and Europe on data privacy issues, including questions relating to genetic testing programs and the development of genomics databases, the sourcing and handling of human tissue and biological samples for research purposes, patient outreach, and marketing activities.

Global compliance advice for new products

Advising a large social network on compliance with U.S., EU and international data privacy laws in relation to its launch of new services and functionality, including geotargeting, facial recognition and targeted advertising.

Global compliance

Serving as global privacy and data security counsel to a global e-commerce business, including advising on financial services privacy and information security-related aspects of certain mobile payments and mobile wallet services and international data transfers

GHL Acquisition Corp. in Acquisition of Iridium Holdings LLC

GHL Acquisition Corp., a special purpose acquisition company sponsored by Greenhill & Co., Inc., in its acquisition of Iridium Holdings LLC, the leading mobile satellite services provider.

Genetic diagnostics strategic alliance

Illumina in a strategic alliance with Genomics England for a four-year project to decode 100,000 human genomes.

General representation of financial institutions

On an ongoing basis, we provide government relations advice to several large and mid-size financial institutions.

General Data Protection Regulation (GDPR)

Advising numerous clients on the possible implications of the proposed General Data Protection Regulation (GDPR).

GE Capital Retail Bank CFPB Investigation and DOJ Consent Order

Represent the former GE Capital Retail Bank (now Synchrony Financial) in a CFPB investigation, enforcement action, and consent order related to allegations of deceptive marketing of credit card add-on products and discrimination against Spanish-speaking customers related to certain offers to settle outstanding credit card balances and a Department of Justice enforcement action and consent order regarding the same allegations of discrimination.

FSMA Advocacy

On behalf of a major food trade association, helped influence the development of the FDA Food Safety Modernization Act (FSMA) to minimize unnecessary and costly burdens on industry.

Global regulatory and legislative support

A global air cargo company wanted to enhance its political influence as a respected industry voice on public policy issues in order to advance its global business objectives. We helped the company resolve difficult regulatory disputes in several countries, including a fast-moving dispute in China that endangered its business model. We also achieved legislative success for the company in the U.S. Congress on defense policy matters in the authorization bill (NDAA).

Ovonic Battery Company in intellectual property and litigation matters pertaining to Cobasys, a joint venture with Chevron to develop, license, and manufacture NiMH batteries for transportation and stationary storage applications.

Pearl Mobile DTV in Project to Provide Mobile Digital Television Services in U.S.

Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington attorneys led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.

Policy advice to renewable energy coalition

We advised coalition of renewable energy project developers, venture capital firms, and investment banks on low-cost financing of clean energy. Drafted testimony, legislation, white papers and helped build coalition on and off the Hill to advance the issue.

Proposition 65 Labeling and Chemical Safe Harbor Levels

Represent Compañía Cervecera de Puerto Rico, Inc. (CCPR), in a lawsuit alleging that CCPR’s Malta India product contains the chemical 4-MEI in quantities above the safe harbor level, and that CCPR has failed to label Malta India products sold in California with the warning required by California’s Proposition 65.

Production counsel for Keanu Reeves’s directorial debut, "Man of Tai Chi," a co-production involving Village Roadshow Entertainment Group Asia and China Film Group, which was picked up for release by Universal.

Procter & Gamble Advisory Opinion

The FEC found the members of the Board of Directors could contribute to the company’s PAC via deductions from quarterly payments.

Privacy, Libel, and Related Liability Issues

Privacy “health checks”

Conducted privacy “health checks” for clients to assess their compliance with privacy and data security laws, particularly those in the 28 Member States of the European Community; where appropriate, we have designed remediation programs that include, for example, filing notifications to local privacy regulators, fulfilling obligations to furnish notice, and ensuring compliance with local data security regulations.

Privacy issues related to patent data migration

Assisted another large pharmaceutical company in dealing with privacy issues resulting from the migration of patient data from a clinical study to a web based platform.

“Price Trigger” Conditions Congressional Hearing Representation

An oil and gas company and its executive in connection with congressional hearing to examine absence of “price trigger” conditions on royalty relief for deepwater OCS leases.

Prescription drug user privacy litigation

Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.

Position Paper Concerning Potential Amendments

Assist the client in preparation of a position paper concerning potential amendments to anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act and in preparation of comments to the Copyright Office on proposed exemptions to Section 1201.

Political Advertising Issues for Multiple Clients

Advised on the full-range of political advertising issues, with clients ranging from candidates to political parties, to broadcast stations.

Policy and Security Issues for Nuclear Energy Institute

Nuclear Energy Institute in connection with policy-related and security-related issues.

NFL in Multiple Federal Court Cases

Representation of the National Football League in multiple federal court cases to enjoin the unauthorized retransmission and public performance of NFL game telecasts across U.S. borders via satellite and the Internet and within U.S. borders where games are locally blacked-out, or otherwise unauthorized.

NFL in Antitrust Challenge to Trademark Licensing Arrangements

NFL in $18 Billion Eight-Year Programming Agreements

The National Football League in negotiating its $18 billion eight-year programming agreements with ABC, CBS and Fox Television, its interactive media rights/online cross-promotion and marketing agreement with AOL, CBS and Sportsline.com, and its international content distribution deal with Yahoo!

Advised on news gathering issues in relation to an undercover documentary being filmed in Europe and Africa.

NEPA Statutory Exemptions

Advise client on various categories and types of statutory exemptions from NEPA.

NHL on $5 Billion Canadian Broadcast Rights Deal

Advised the National Hockey League in negotiating its twelve-year, C$5.2 billion agreement with Rogers Communications for national broadcast and multimedia rights to NHL games, including the Stanley Cup Playoffs and the Stanley Cup Final, in Canada.

OptiSolar Sale to First Solar

OptiSolar Inc. in the sale its project development business to First Solar, Inc. in an all-stock transaction valued at approximately $400 million.

Online Lenders Alliance in CFPB Rulemaking

Representation of leading industry trade association of online lenders in responding to CFPB small dollar rulemaking.

GMP Consent Decree Negotiations

Representation of companies and individuals in negotiation of GMP consent decrees involving drugs, biologics, devices, and blood products, including significant consent decree matters for Schering Plough, Genzyme and one of the largest manufacturers of OTC drugs in the U.S.

Health privacy to pharma companies in China

Advised a multinational biopharmaceutical company operating in China on privacy and property ownership issues related to the collection and sharing of biological samples in clinical trials.

Health privacy litigation

Advised a large pharmaceutical company in connection with litigation involving the alleged infringement of patient privacy by a pharmacy chain that collects personal information about prescription drug users.

Health IT, LDT Regulatory Advocacy

Advocacy before Congress, FDA, and other federal agencies with respect to emerging regulatory policies on health information technology, research use products, and laboratory developed tests.

Health Benefit Claims Investigation

Defense of beverage manufacturer in FTC investigation of substantiation for health benefit claims in advertising.

Health Benefit Claim Substantiation Defense

Successfully defended the substantiation for health benefit claims made by a food manufacturer facing a challenge before the NAD.

Harley-Davidson global employee code of conduct

Drafted and implemented a global code of conduct and policies for Harley-Davidson addressing privacy, harassment, discrimination, the use of electronic communications and anti-corruption.

HaloIPT Acquisition by Qualcomm

HaloIPT, a leading provider of wireless charging technology for electric road vehicles, in the acquisition of all its technology and assets by Qualcomm Incorporated.

Guidance to Governments on Telecommunications Matters

Advised governments on the privatization of telecom service providers, crafting regulations for the introductions of regulatory structures to foster competition in the telecommunications industry; drafted regulations governing telecom activities; and established a licensing and regulatory structure for the introduction of next-generation wireless telecommunications service.

Guidance on Advertising and Sponsorship Arrangements

Gramm-Leach-Bliley Act (GLBA) and State Financial Privacy Laws

We have advised the largest and most sophisticated banks, consumer reporting agencies, and financial services companies on the collection, use and disclosure of nonpublic personal information under GLBA, that California Financial Information Privacy Act, and similar laws, including the development and implementation of privacy notices.

Government of Puerto Rico

We assisted the Government of Puerto Rico during debate on the Patient Protection and Affordable Care Act (ACA) in its efforts to secure parity in federal funding of its Medicaid program.

Government Contractor Acquisition

Advise government contractor regarding acquisition of another government contract with significant environmental-related contracts.

Government affairs compliance review

Advising a self-regulatory body on its government affairs activities, including advising on the tax treatment of these activities.

Government affairs compliance review

On behalf of one of the largest manufacturing companies in the world, conducted a government affairs compliance review and made recommendations concerning political law compliance practice.

GMU Litigation, C.A. No. 1:09cv752 (E.D. Va. 2010)

Secured summary judgment for George Mason School of Law against sexual harassment and other discrimination claims by law school professor.

International Dairy Foods Association against Class Action

Representation of International Dairy Foods Association against a class action in Virginia state court alleging deceptive marketing of the potential weight-loss benefits of consuming milk.

International assignment for U.S. bank

Advised a New York-headquartered investment bank on an international assignment from the UK to China.

Mexico-Based Multi-System Cable Operator in Joint Venture

Representation of a Mexico-based multi-system cable operator in a joint venture with a Mexico-based local and long-distance telecom company.

Merck, Verizon, Spirits International, National Geographic, PBS, and Others before the United States Trademark Trial and Appeal Board

Representation of numerous clients, including Merck, Verizon, Spirits International, National Geographic Society, Public Broadcasting Services, M Financial, Promontory Financial Group, U.S. Soccer Federation, Lewis Brothers Bakeries and Rosie O’Donnell in opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.

Merck Merger with Schering-Plough

Representation of Merck in its $41 billion merger with Schering-Plough.

Medicare Part D coverage for pharma product

We assisted a pharmaceutical company in obtaining Medicare Part D coverage for its previously excluded product, using an integrated regulatory and legislative strategy.

Medical student placement litigation

We represented an alliance of medical colleges to affirm the validity of the medical student placement program that had been under attack in litigation and, after a successful legislative initiative, won dismissal of the lawsuit.

Medical device company legislative support

We assisted a medical device company in its efforts to secure Medicare pass-through coverage of its innovative diagnostic device.

Medicaid coverage for dropped products

Assisted several pharmaceutical manufacturers in reinstating Medicaid coverage for products dropped from the program by the Centers for Medicare & Medicaid Services (CMS).

PAC audit for multinational aerospace company

We conducted a PAC compliance audit and staff training for a global aerospace and defense company.

Policy advice to COMPETE coalition

Policy advice to the Executive Affairs Authority of Abu Dhabi

We provided policy advice to the Executive Affairs Authority of Abu Dhabi on how the Embassy in Washington, DC could be most effective in representing the UAE’s interests. In a follow-on project, we advised on factors to consider in establishing a business-oriented consulate on the West Coast of the United States.

Promotional Materials SOPs and Guidelines

Assist medical device manufacturer with drafting of standard operating procedures (SOPs) and guidelines for the creation, review, and use of promotional materials.

Production Counsel for “The Karate Kid,” “Let the Bullets Fly,” and “The Orphan of Zhao”

Private Equity Firms and Other Financial Investors in Broadcast Interests

Representation of private equity firms and other financial investors in connection with their broadcast media interests.

Privacy issues relating to clinical trials

Assisted several large pharmaceutical companies with a variety of privacy issues relating to clinical trials, further use of data and pharmacovigilance reporting.

Privacy audit

Advised numerous clients regarding the privacy implications of conducting an informal internal audit of certain foreign business practices at the request of the U.S. Securities and Exchange Commission.

Preparation of key industry comment letters

Advising the Securities Industry and Financial Markets Association, The Clearing House Association, American Bankers Association, and Global Financial Markets Association with respect to comment letters submitted in response to proposals from the Federal Reserve Board, Financial Stability Board, and other agencies affecting large systemically important financial institutions.

Potential Tort Liability and Mitigation Options for International Organization

Advise international organization regarding potential tort liability and mitigation options relating to preparation of a manual with information about labeling requirements.

Polymer Regulation Under TSCA

Advise manufacturer regarding regulations of polymers under TSCA.

Policy support for alternative energy projects

We assisted companies seeking support for alternative energy projects in the American Recovery and Reinvestment Act of 2009 (the Stimulus) and advised on carbon trading provisions in climate change legislation, including preparing amendments to both bills.

Outbound Investment

Advising Lenovo in securing approval from the Committee on Foreign Investment in the United States on its U.S. $2.3 billion acquisition of IBM's server business.

NFL Licensing Antitrust Class Action

Represented the National Football league in a class action challenging the League’s licensing arrangements for the use of team marks and logos on apparel.

NFL in Purported Class Action Antitrust Suit

Represented the NFL in securing the dismissal of class action claims brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.

NFL in Dismissal of Antitrust Complaint

Won dismissal of a class action antitrust complaint alleging conspiracy to restrain market for “likenesses” of former NFL football players (Washington v. National Football League).

NFL in copyright infringement action

Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.

NFL in $17 Billion, 8-Year U.S. Programming Agreements

Representation of the National Football League in its $17 billion, 8-year U.S. network television programming agreements and in its agreements with AOL, SportsLine.com and others for the joint production of the official NFL websites.

New Source Review Permit Application and Successful Defense

Assist petroleum refiner with applying for and obtaining a New Source Review permit for a refinery expansion; successfully defend the permit in an administrative appeal.

New Animal Health Business Development

Assist client in designing, planning, and establishing a significant new animal health business.

NEPA and ESA Challenge Under Tightened Review Procedures

Represent American Petroleum Institute relative to first challenge with NEPA and ESA to exploration plan approval under tightened review procedures established after Deepwater Horizon oil spill.

Organic Photovoltaics Patent Infringement Litigation

Open Mobile Video Coalition to Facilitation and Promotion of Opportunities for 800 Television Stations

Representation of Open Mobile Video Coalition, consisting of some 800 television stations, which seeks to facilitate and promote mobile and portable video opportunities for broadcasters, equipment manufacturers and content suppliers.

Off-shore Wind Farm Permitting Process Advice

Mass media company global public policy

One of the world’s largest global mass media companies needed support on a range of issues that intersect law and policy. We helped the client:

navigate U.S. sanctions on advertising, promotion, and distribution of content in international markets;

pursue a diplomatic solution to an IP rights dispute in the Middle East, leveraging extensive relationships at the State Department; and

advocate on federal issues with Members of the U.S. Congress.

Market entry

Assisting a major U.S. tech company with an entrance into China, including providing a comprehensive analysis of privacy and data protection issues in connection with that entry.

LTV Steel environmental recoveries

Represented LTV Steel in obtaining more than $40 million in recoveries for environmental liabilities from numerous settlements.

Lobbying disclosure advice to Fortune 50 company

Advising a multinational heavy equipment manufacturer on a range of federal and state campaign finance, lobbying disclosure, and government ethics matters.

National Geographic Society in Two Trademark Matters

Representation of National Geographic Society in the United States District Court for the District of Massachusetts against claims of infringement of an alleged family of ZONE marks asserted by the author of a series of ZONE books on health and nutrition; and in an opposition proceeding before the U.S. Trademark Trial and Appeal Board, claiming that applicant's EXPLORE CHANNEL mark is likely to cause confusion with National Geographic's EXPLORER marks.

National counsel to Microsoft on cyber-related claims

Serving as national product liability counsel to Microsoft in preparation for the defense of claims involving virus and worm attacks or potential cyber-terrorism involving our client's array of software products.

Multi jurisdictional export controls advice

Advising a major multinational aerospace company regarding the application of European export controls to its operations at multiple sites across 10 countries.

Mubadala Development Company investments

Represent Mubadala Development Company and its portfolio companies, such as the semiconductor company GLOBALFOUNDRIES, on CFIUS and related advice in connection with potential acquisitions in the United States, including the company’s investment in Advanced Micro Devices.

Million Dollar Recovery in Insurance Claim

An oil refinery in a significant business interruption insurance claim that resulted in a multi-hundred million dollar recovery for the insured.

Microsoft, Verizon, AAA, and Others in UDRP Domain Name Proceedings

Representation of numerous clients, including Microsoft, Verizon, New Skies Satellites, LIN Television, American Automobile Association and Ourisman Dodge in UDRP domain name proceedings.

Microsoft public policy and government affairs

Microsoft wanted assistance with legal, public policy, and strategic issues. We support Microsoft on a wide array of policy and legislative issues, including privacy, national security, immigration, tax, and telecommunications, and assist them in gathering political intelligence and advocating before Congress and federal agencies.

Microsoft Nokia employee integration

Assisted Microsoft with the integration of approximately 32,000 Nokia employees across 60 countries, following Microsoft’s acquisition of Nokia’s devices and services business.

Kangaroo Media Inc. in Negotiation of Agreement with Formula One

Kangaroo Media Inc. in the negotiation of an agreement with Formula One for the rights to provide a handheld TV service to racing fans at F1 events around the world.

JP Morgan Chase

In obtaining the dismissal of an antitrust class action alleging that a number of credit-card issuers conspired to adopt arbitration clauses in their credit card agreements. 2006 WL 2685082 (S.D.N.Y. Sept. 20, 2006).

Off-label promotion and reporting investigations

Representation of GlaxoSmithKline in global settlement of three investigations relating to off-label promotion, safety reporting and price reporting.

Obtained U.S. Government National Security Approval for Semiconductor Clients

Representation of clients in the semiconductor industry in securing U.S. government national security approvals for investments and acquisitions, including e2v Technologies’ acquisition of QP Semiconductor.

NPDES Permit Treatment Limits

Advise client regarding NPDES permit treatment limits and the process for setting such limits where multiple pollutants and treatment technologies are at issue.

NRC Regulatory Issues

Non-public FERC Enforcement Investigation

Represent an investment bank in a non-public FERC Enforcement investigation of alleged manipulation of electricity markets with respect to the bidding of electric generation into certain RTO markets.

Nine-Figure Resolution for Widespread Cleanup

An energy company in obtaining a global nine-figure resolution from its historic CGL insurers for widespread environmental cleanup liabilities at refineries and other operational sites.

No Action Taken By DOJ Against Telecommunications Client

Representation of one of the largest providers of telecommunications services in Asia in a DOJ investigation of alleged collusion with respect to termination rates charged to US carriers. The government ultimately closed the investigation and took no action against our client.

Nigerian IP policy

We advised a large trade association with respect to the Nigerian position on an IP issue before the World Intellectual Property Organization.

Negotiate Consent Decree for Alleged eWaste Violations

Negotiated a very favorable settlement of alleged eWaste recycling violations for client by raising constitutional defects in statute.

Prysmian S.p.A. in Its Tender Offer for Draka Holding N.V.

Representation of Prysmian S.p.A., a global manufacturer of power transmission and telecommunications cable, in its $1.2 billion tender offer for cable and optical fiber manufacturer Draka Holding N.V.

Public Affairs compliance review for financial institution

On behalf of a major financial institution, conducted a public affairs department compliance review and provided recommendations on structural changes to improve compliance practices, as well as process changes to avoid compliance risks.

Samsung Liquid Crystal Display Antitrust Class Actions

Salix Pharmaceuticals in $2.6 Billion of Santarus, Inc.

Representation of Salix Pharmaceuticals, Ltd. in its acquisition of Santarus, Inc. for a total value of approximately $2.6 billion. The transaction closed on January 2, 2014. According to Carolyn Logan, Salix President and Chief Executive Officer, “The acquisition of Santarus is a transformational event for Salix and an important milestone in our growth as the leading gastroenterology-focused specialty pharmaceutical company in the United States.”

Rooster Teeth Productions, Inc. in License Agreement

Rooster Teeth Productions, Inc., a company that produces animated shorts, in connection with a license agreement.

Rocket Engineer Manufacturer “Treatment”

Advise rocket engine manufacturer on the scope of what constitutes “treatment” regulated by EPA under RCRA.

Revisions to Regulations under Clean Water Act

Representation of Chemical Manufacturers Association, now the American Chemistry Council, in connection with EPA revisions to the NPDES and pretreatment regulations under the Clean Water Act. The litigation and negotiations with EPA resulted in substantial changes in these regulations.

Right to be forgotten

Advising numerous companies on data subjects’ right of access and right to be forgotten.

Reviewed on Behalf of U.S. Interests Defamation and Free Expression Laws Proposed for Iraq

Reviewed on behalf of U.S. interests defamation and free expression laws proposed for Iraq by a coalition of international experts.

Review of the right to monitor Internet and electronic communications

Conducted a pan-European and selective US survey of laws and regulations affecting an employer’s right to monitor employee’s Internet use and review electronic communications. We have also advised numerous clients on the law governing call recording and access to (and disclosure of) employee e-mail, including in connection with several personal crises and actions.

Manufacturers' Suggested Retail Pricing Matters

Los Angeles County Transit System Alternative Fuel Incentives

Represent Los Angeles County Transit System on alternative fuel incentives.

Lobbying disclosure advice to major trade association

Serve as outside political law compliance counsel to a major trade association, advising on a range of matters, including the Lobbying Disclosure Act and federal election laws.

Microsoft Transactions

Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.

Provided advice to a financial firm on registering under the LDA and assisting the firm with ongoing reporting obligations.

Mitigating the impact of the Ebola crisis on operations in Africa

We advised an asset management firm on mitigating the impact of the Ebola crisis on its operations in Liberia.

Middle East Trade Sanction Programs Impact Advice

A multinational oil and gas company in advising on the impact of Middle East trade sanctions programs on technology licensing arrangements and the broader operation of affiliates and joint ventures incorporated outside the United States.

Microsoft on Internet Protocol Television Issues

Advised Microsoft on Internet Protocol Television issues, including testimony before Congress, appearances at the FCC, and industry negotiations, and advised on industry negotiations to encourage movie studios and the cable industry to use their digital rights management technology for distributing movie and other content over the Internet.

Motorola Mobility v. AU Optronics Corp., et al.

Covington successfully represented Samsung in a massive set of antitrust price-fixing cases. The U.S. Court of Appeals for the Seventh Circuit held that virtually all of the claimed damages were barred by the Foreign Trade Antitrust Improvements Act.

Lobbying Disclosure Act audit for financial institution

Keanu Reeves and Stephan Hamel's Production Company on Project in China

Advised Keanu Reeves and Stephan Hamel’s production company, Company Films, on China projects.

Jury verdict for aerospace client

Obtained a complete jury verdict for an aerospace contractor accused of conspiring with the employee of a competitor to misappropriate trade secrets. The plaintiff had sought $30,000,000.

Joint Ventures for Multiple Broadcast Clients

Representation of the first joint venture to provide Mobile Digital Television ("Mobile DTV") services in the United States in establishing a nine-company venture, as well as in negotiating a national joint venture with NBC, Fox and Ion Media to deploy this new digital service. This project has involved leading the negotiation of the Pearl Mobile DTV venture, leading the negotiation of certain programming and content agreements, and heading up public policy efforts with Congress, the White House, and the FCC.

John Lone on Opportunities in China

Iran retaliatory sanctions

Have helped companies understand U.S. retaliatory sanctions directed at Iran (through the Iran Sanctions Act as recently amended by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, or CISADA) and counterpart EU measures.

Investigation into contributions to Super PAC

Defending a major regional bank in connection with an FEC investigation concerning a loan that the bank made to a Super PAC. We have also advised candidates and financial institutions on campaign loan questions.

Internet-Site Operators on Commercial Strategies

International Global Mobility Advice

Assisted a life sciences company with international assignments, including relevant cross-border corporate and individual tax risks and immigration requirements.

Internet and Social Media Promotion Advice

Comprehensive review of internet and social media promotion for a leading multinational medical device company.

Kentucky Fried Chicken (KFC) against False Advertising Claims

Representation of Kentucky Fried Chicken (KFC) against false advertising claims based on a KFC promotion that were asserted as a class action in the Western District of Virginia.

King Pharmaceuticals Acquisition by Pfizer

Representation of King Pharmaceuticals in its $3.6 billion acquisition by Pfizer.

Litigation Challenging Offshore Oil and Gas Leasing Program

Represent client in litigation challenging the U.S. Department of the Interior's five year-offshore oil and gas leasing program under the National Environmental Policy Act and the Endangered Species Act.

Tribune/Sinclair Transaction

Represented Tribune Media in the merger of Tribune and Sinclair Broadcasting.

CenturyLink’s $2.2 Billion Sale of its Savvis Data Center Business

Represented CenturyLink in securing the CFIUS approval for the $2.2 billion sale of its Savvis data center business to a consortium led by BC Partners.

Honeywell’s Sale of HTSI to KBR

Represented Honeywell International as regulatory counsel in the sale of Honeywell Technology Solutions, Inc. (HTSI), a leading professional, technical, and mission support services contractor, to KBR for $266 million. We handled government contracts matters for Honeywell.

Successfully protested the terms of a $600 million cloud procurement

When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.

Successfully protested the terms of a $2 billion USAID procurement

When USAID issued a $2 billion procurement for consulting services related to economic growth and poverty reduction, we protested the terms of the solicitation. Our protest convinced the agency to abandon its use of the “low cost, technically acceptable” evaluation scheme by arguing that LPTA was inappropriate for the complex, high-stakes services being sought.

BSA on the EU Copyright Directive

Provided strategic advice and advocacy support to the Business Software Alliance on the EU Copyright Directive, proposed Software Patents Directive and IP Enforcement Directive, and more broadly assisted in efforts to promote the protection of IP in the EU and third countries.

Broadcasters on DTV Transition

Representation the broadcast industry and individual broadcasters for nearly two decades on the incredible range of technical, legal and policy issues surrounding the transition to digital television. We helped negotiate the DTV standard, and devised the new frequency table. We worked closely at every step with the FCC’s engineers and with engineers across the television industry. We also worked to develop the new rules and legal requirements to accompany the detailed technical analysis.

Broadcasters and Programming Suppliers in Negotiations and Litigation

Representation of broadcasters and programming suppliers in negotiations and litigation with satellite carriers EchoStar and DirecTV.

WTO trademark dispute

WTO IP regulatory advice

Assisted leading multinational companies and industry associations in developing and implementing strategies to counter foreign regulations restricting intellectual property rights in violation of the WTO TRIPS Agreement and other regional and bilateral trade agreements.

WTO e-commerce debate representation

Advised a leading information technology company and represented them before the U.S. and EU governments in the WTO debate on e-commerce.

WTO consistency framework for U.S. Chamber of Commerce

Prepared for the U.S. Chamber of Commerce a framework for analyzing WTO consistency of China’s approval process for inbound foreign direct investment.

WTO and NAFTA disputes

Counseled clients on WTO and NAFTA disputes on a wide range of matters, including sanitary and phytosanitary regulations, anti-dumping and countervailing duties, agricultural subsidies, and intellectual property issues, including the FSC and Byrd WTO disputes against the United States. Our lawyers have argued cases before the WTO and have negotiated solutions related to implementation, compliance, and retaliation in trade disputes.

WS Atkins’ acquisition of Nuclear Safety Associates

Represented Nuclear Safety Associates in its acquisition by WS Atkins.

Veritas Capital’s investment in Alion Science & Technology

Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of Alion Science & Technology Corporation, a leading provider of engineering services to the Department of Defense. We handled government contracts, trade controls, and national industrial security due diligence.

Wanxiang America acquisition of A123 Systems and related matters

Represented Wanxiang America in separate transactions involving the acquisition of certain assets of A123 Systems, Inc., a lithium ion battery company, and the sale of the Energy Solutions Business of A123 Systems to NEC Corp.

Various Team Telecom matters

Represented various additional parties before Team Telecom on matters not requiring CFIUS review, including LightSquared, BT, and Iridium Satellite.

Valuation of R&D materials imported into the United States

Assisted a life sciences company in connection with a substantial prior disclosure concerning the proper Customs valuation of certain R&D materials imported into the United States.

Utility privatization for the military

Represented contractors in negotiating and administering contracts to design, build, finance, own, and operate energy and water and wastewater facilities on U.S. military bases, leaving the military to perform its core functions.

U.S. textile manufacturer Section 592 penalty

Represented a major U.S. textile manufacturer and its European parent company in connection with a proposed Section 592 penalty in excess of $500,000, arising from various alleged classification and valuation errors.

U.S. government sanctions investigation of international energy company

We advised an international energy company on a U.S. Treasury Department investigation of transactions with certain U.S.-sanctioned markets, and assisted the company with interactions with the U.S. State Department on sanctions-related policy matters. The Treasury Department closed its investigation without taking any enforcement action against our client.

U.S. goods export valuation dispute

Represented a Fortune 100 company in a multi-million dollar dispute with the customs authority in a foreign country with respect to the proper valuation of U.S. goods exported to that country.

U.S. Appeals Court Shoots Down FCC Merger-Review Disclosure Order

Successful representation of CBS Corporation, The Walt Disney Company, Twenty-First Century Fox, Inc., Scripps Networks Interactive Inc., Time Warner Inc., Univision Communications Inc., and Viacom Inc. Borrego Solar Systems, Inc. against the Federal Communications Commission (FCC) in connection with the disclosure of programming contracts with pay-TV providers as part of the FCC’s review of pending cable and satellite mergers.

Uranium antidumping proceedings

Univision’s IPO

Served as communications regulatory counsel to Univision in filing for an initial public offering of Class A common stock in the United States on July 2, 2015.

Univision in Deal for Carriage on DISH’s “Over the Top” Sling TV Service

Represented Univision Communications in the precedential agreement for carriage of Univision’s broadcast stations and cable networks on DISH’s “over the top” Sling TV service. The UCI media portfolio includes the Univision Network, one of the top five broadcast networks, and the most-watched Spanish language broadcast network in the U.S., reaching approximately 94 percent of U.S. Hispanic television households. The agreement covers the Univision and UniMas broadcast networks, as well as other UCI services, such as Univision Deportes and El Rey Network. Sling TV is a new online offering from one of the largest television distributors in the country, by which subscribers can view major network content via the Internet anywhere in the United States.

Veritas Capital’s investment in SolAero Technologies Corp.

Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of EMCORE’s Space Photovoltaics business, and represented the business, which is now known as SolAero Technologies Corp., during its subsequent acquisitions of Alliance Spacesystems and Vanguard Space Technologies. We handled government contracts, trade controls, anti-corruption, and other regulatory due diligence, and also assisted with contract novations.

Solar Development Financing Activities for Green Lake Capital

Green Lake Capital in its solar development financing activities, including a pooled power purchase transaction covering six megawatts DC of distributed solar facilities located at municipal sites throughout California.

Smelter Site EPA 104(e) Request Response

Respond to EPA 104(e) request in connection with a century-old smelter site in Nevada, and successfully convinced EPA that another entity was responsible for the site.

Comprehensive privacy policies

Assisted pharmaceutical companies in developing global comprehensive privacy policies aligned with federal (HIPAA, Food & Drug Administration, and National Institutes of Health) regulations, state and European law, and best practices.

Comprehensive compliance program update

Advising a multinational chemical manufacturer regarding updates to its integrated compliance program, developing a three-year plan for a comprehensive update, and helping the company assess risk and update its existing policies and procedures in the areas of anti-corruption, third party due diligence and monitoring, and investigations.

Libel Defense Litigation and Prepublication Review of News and Other Content for Broadcasters

Libel defense litigation and prepublication review of news and other content for broadcasters in some 35 states, including First Amendment, newsgathering, copyright, defamation and privacy advice, and opposing subpoenas from prosecutors and others.

Legislation granting visa access for New Zealand nationals

We represented the Embassy of New Zealand in seeking the passage of legislation that would permit NZ nationals to access trade and investment visas in the United States. Covington assisted the Embassy in devising a legislative strategy, drafting the legislation, and lobbying key members of Congress and the Administration.

Legal environment evaluation project

Advising the Mohammed Bin Rashid Al Maktoum Foundation and the John D. Gerhart Center for Philanthropy and Civic Engagement at the American University in Cairo to undertake a legal environment evaluation project for philanthropy in the Arab World.

Lobbying Disclosure Act audit

Lawsuit Challenging State Ethanol-Free Gasoline Requirements

American Petroleum Institute and American Fuel and Petrochemical Manufacturers as plaintiffs in lawsuits challenging the validity of state laws requiring refiners to sell ethanol-free gasoline to distributors and retailers.

The U.S. Supreme Court held that a participant stated a colorable ERISA fiduciary breach claim for losses stemming from the alleged failure to implement investment directions for his 401(k) plan account. In a concurring opinion, Chief Justice Roberts cited our amicus brief for The ERISA Industry Committee in stating that such actions might need to be brought as benefits denial claims and subjected to exhaustion of administrative remedies.

Landmark Ruling for Tennis Channel

FCC handed Covington a decisive victory to the Tennis Channel in its discriminatory carriage lawsuit against Comcast Cable Communications, the largest distributor of video programming content.

Labrador Communications, a start-up new media company, in its exclusive content distribution agreement with Cingular Wireless for the distribution of Labrador’s stock-car racing audio programs as a subscription service to Cingular’s mobile telephone customers.

Schneider Electric SA’s combination with AVEVA Group PLC

Represented Schneider Electric of France on CFIUS and related U.S. national security regulatory approvals in connection with the sale of its industrial software business to UK-based AVEVA Group and the acquisition by Schneider Electric of a majority interest in AVEVA Group in a transaction valued at approximately $3.88 billion.

ASML’s Acquisition of Hermes Microvision Inc. in a $3.1 Billion Deal

Represented ASML in securing the CFIUS approval of its $3.1 billion acquisition of Hermes Microvision, a Taiwanese company with U.S. research and sales.

Complex Procurement

A government entity needed to purchase a large number of military vehicles. The procurement required contractors and technology from several jurisdictions and a long-term supply arrangement. From international trade controls and U.S. and EU military sales advice to commercial terms, Covington provided strategic direction as we simultaneously ensured that the documents met local and international requirements.

Competitive Markets Testimony Before Public Utility Commission of Pennsylvania

Electric Power Generation Association in presenting testimony regarding the benefits of competitive markets before the Public Utility Commission of Pennsylvania.

COMPETE Representation in Federal and State Electricity Competition Issues

COMPETE, a major coalition of more than 680 electricity market participants including Exelon, PSEG, Wal-Mart, PPL Energy, Calpine, TXU Energy, Safeway, Tendril and Leggett & Platt on a wide range of federal and state electricity competition issues, including the structure of RTO markets and retail competition matters in numerous states including Texas, Pennsylvania, New Jersey, Illinois, Virginia, Michigan, California, Oregon, Wisconsin, Arizona and Ohio.

Comment letters related to the Basel III leverage ratio

Prepare multiple comment letters on behalf of several trade associations related to the treatment of segregated margin for cleared derivatives under the Basel III leverage ratio.

Coalition of Broadband Users and Innovators, including Microsoft, Google, and Consumer Groups before FCC and Congress

Led the Coalition of Broadband Users and Innovators, including Microsoft, Yahoo!, Google, eBay, and consumer groups before the FCC and Congress for policies that ensure that as broadband services are deregulated, these Internet content companies have the ability to reach their customers.

Cole Taylor Bank in Federal Reserve Board Investigation

Representing Cole Taylor Bank, now part of MB Financial, in Federal Reserve Board (and Illinois banking department) investigation and consent cease and desist/civil money penalty order alleging violations of consumer protection laws with respect to deposit products provided by the bank through a third party that offered financial aid refund disbursement services to higher education students.

Confidential data leak

Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.

Congestion Revenue Rights in California ISO

SDG&E in connection with a FERC and appellate court proceeding regarding congestion revenue rights in the California ISO.

Cross border tax and employment arrangements

Criminal investigation of European manufacturer

Defending a large European manufacturer of power cables in a criminal antitrust investigation by the DOJ.

Covington supported the Advisory Opinions that defined the rules for Super PACs

Covington argued in support of creating a place in the regulatory regime for Super PACs, filing comments in support of the prevailing parities in FEC Advisory Opinions 2010-09 and 2010-10.

Counsel to PACs of major oil and gas company

We serve as counsel to the political action committees of a major oil and gas company.

Copyright Matters Relating to Rights to Photographic Archive and Wrongful Publication of Photographs

Advising on copyright matters relating to rights to an extensive photographic archive and on wrongful publication of photographs in Europe.

Copyright Advice on Advertising Issues

Provided copyright advice on advertising issues, including with respect to copyright risk-assessment and worked with clients to develop copyright compliance strategies.

Coordinated monitoring and advocacy at the multinational, international and national levels

A highly innovative pharmaceuticals company was concerned about the public debate and policy proposals made to address antimicrobial resistance, as these could seriously curtail its future business. Working together with external partners, we monitor and participate in discussions at the G7, WHO, EU and national levels (in the UK and Germany), with several successes already at proposing alternative solutions more favorable to our client.

Content Provider in Global Partnership with International Telecommunications Provider

Representation of a global content provider in its global partnership with an international telecommunications provider to develop and operate a 3G mobile music service.

Representation of a client opposed to certain aspects of proposed European Digital Video Broadcasting Standards, a matter on which we integrated our expertise in IP law, competition law and substantive and procedural aspects of the EU standardization process.

Representation of a client in the EU opposing the merger of two, U.S.-based global telecom service providers -- a matter that involved complex issues under EU competition law.

Chemical/manufacturing joint venture

Advising one of the world’s largest specialty chemicals companies regarding its manufacturing joint venture activities in China.

CERCLA Site Private Tort Litigation

Defend mining company in connection with private tort litigation brought in connection with a cleanup at a CERCLA site.

CFTC regulations compliance

Advise multiple derivatives market participants on compliance with CFTC regulations, including the development of policies and procedures related to futures and swaps trading to demonstrate compliance with CFTC rules and regulations.

LIN TV Corp. in Acquisition of Red McCombs Media

LIN TV Corp. in its acquisition of Red McCombs Media, an online advertising company and one of Inc. magazine’s fastest-growing private companies.

Libya and Syria sanctions advice

Advised companies regarding U.S. and EU sanctions on the Qaddafi regime in Libya and the Assad regime in Syria, including obtaining licenses to permit certain ongoing business activities in Libya.

Legislative advocacy for wind energy company

We represented a wind energy company on tax and energy legislation.

Latin America customs clearances internal investigation

Conducted internal investigation relating to customs clearance practices for automotive parts in various Latin American countries.

“Co-Generators” Listing for RCRA Purposes

Climate Change Legislation Advocacy and Lobbying Assistance

Advocacy assistance on issues related to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and lobbying on behalf of clients with respect to climate change legislation in various states of the United States and in the European Union.

Executive hire for FTSE-listed company

Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.

Exceptions Under RCRA

Advise fertilizer manufacture on the scope of various exceptions under RCRA, including for recycling and reuse of material in a closed-loop process.

European product liability legislation

We have worked with coalitions of consumer product manufacturers on product liability and product safety legislation in the EU, France, Finland, Germany, The Netherlands, Spain, Sweden, Switzerland, and the United Kingdom.

European data privacy

Represent an ad hoc consortium of U.S. and European pharmaceutical and medical device companies concerned about data privacy issues in Europe, including the Eastern European Member States such as Hungary, Poland, and the Czech Republic.

EU trade retaliation avoidance

We have designed and executed campaigns on behalf of U.S. producers seeking to avoid EU trade retaliation measures.

EU Regulation of Cosmetics Testing on Animals

Advise U.S. cosmetics manufacturers on EU legislation governing animal testing and other issues.

EU investigation regarding abusive search related conduct

Representation of Microsoft, Expedia, and Trip Advisor in the U.S. and Europe in connection with investigations regarding Google’s abusive search-related conduct.

EU Emissions Trading System and Emissions Allowances Allocation

A major international energy company in relation to the EU emissions trading system and allocation of emissions allowances.

EU competition policy advice

We have assisted on the government affairs aspects of various EU competition law issues, including individual cases, proceedings to adopt Article 82 guidelines and sector and cartel investigations.

EU Commission container liner shipping investigation

We represent a major European carrier in the European Commission’s container liner shipping investigation into alleged collusion/abuse of dominance.

Facebook Transactions

Representation of Facebook, Inc. in many transactions, including its $22 billion acquisition of WhatsApp, $2 billion acquisition of Oculus, and $1 billion acquisition of Instagram.

Gas Marketing and Trading Business Issues

UBS on FERC issues relating to its gas marketing and trading business.

Firm Transmission Service Successful Complaint

Southern Montana G&T Cooperative in a successful complaint at FERC involving firm transmission service, and on a range of disputes involving interconnection and transmission issues.

FIFA Requirements for Treated Hospital Garments

Advise client as to FIFRA requirements that apply to hospital garments treated with antimicrobial substances.

Federal and state political law advice to Fortune 100 company

Advising a multinational heavy equipment manufacturer on a range of federal and state campaign finance, lobbying disclosure, and government ethics matters.

Federal and state election law compliance

Advise a major national Super PAC, as well as its allied social welfare organization, concerning a wide range of federal and state election law compliance issues.

FDCA Amendments Legislation

Representation of industry stakeholders in negotiations and legislative process leading to every major amendment to the FDCA since its enactment in 1938.

FCC v. Fox Television Stations, Inc.

Covington successfully represented CBS and NBC Television Affiliates in this case involving the FCC’s policy on broadcast of "fleeting expletives." The Supreme Court held that the agency’s policy violated the Due Process Clause, an argument emphasized in Covington’s brief for the television stations.

Favorable Settlement with New York State's Department of Environmental Conservation

Negotiate favorable settlement with New York State’s Department of Environmental Conservation in connection with claimed violation of New York’s e-recycling law.

FEC investigation of prominent hedge fund manager

Obtained the dismissal of an FEC complaint against a prominent hedge fund manager.

Entertainment and Media Start-Up Companies in China

Advise start-ups such as producers of original Web content and digital music services.

Development of Electronic Waste Take-Back Requirements

Provide advice to a Japan based company on developing electronic waste take-back requirements in Argentina and other South American countries.

Developing a corporate responsibility program

We assisted a pharmaceutical company on assessing which NGOs they should consider working with in Kenya to implement a corporate responsibility program aimed at improving public health.

Department of Energy Negotiation

BASF in its negotiation of a Department Energy grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries.

Demonstration Project for Tidal Energy Turbines Supplier

Advising a supplier of tidal energy turbines on a demonstration project in the United States.

Defining Pesticide and Identifying Cleaning Claims

Advise client regarding definition of a pesticide and what types of cleaning claims may be made without products being determined to be a pesticide.

Defense of Lawsuits Raising Environmental Challenges

All the major domestic oil and gas trade associations in defending multiple ongoing district court and court of appeals lawsuits raising environmental challenges to continued exploration and development in the Gulf of Mexico and elsewhere.

Defending whistleblower claims

Defended claims threatened against a technology company in the US and the UK, involving alleged SOX whistleblower protections and unlawful detriment claims.

Defending automotive executives in criminal investigations

Defending senior executives in auto parts-related investigations.

Defended airline executive in criminal investigations

Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.

European Employment Considerations

Co-ordinated U.S., Dutch and German tax, employment, immigration and benefits advice in relation to a U.S. listing of a Dutch company and relocation of senior managers.

EU telecom coalition advice

We have served as secretariat to several informal coalitions working on telecommunications issues and intellectual property protection.

EU legislative advice for software companies

We have represented software companies on EU and national legislation concerning software standards, copyright infringement, electronic commerce, data protection, and other issues.

EU Environmental Reform Advice

We assisted an environmental services company seeking to reform various aspects of the EU’s Emissions Trading System.

EU Directives on Waste Electrical and Electronic Equipment

Provide legal advice to several large electronic manufacturers on the requirements of the EU Directives on waste electrical and electronic equipment, and restrictions on the use of hazardous substances in electrical and electronic equipment and their national implementation.

EU Commission defense of Microsoft's Skype acquisition

Represented Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.

EU and UK Biofuels Rules Advice

Provide regulatory due diligence advice to an investment fund regarding the EU and UK rules on biofuels in connection with a potential acquisition of a biomass manufacturer.

ExxonMobil Transactions

Representation of ExxonMobil Corporation in numerous transactions, including its $41 billion acquisition of XTO Energy Inc., the largest transaction in the history of the natural gas industry.

Fair Credit Reporting Act (FCRA)

Advising several of the largest bank holding companies in the U.S. on compliance with the FCRA. Advising major consumer reporting agencies and trade associations on the requirement of the FCRA. Successfully representing numerous consumer reporting agencies and financial services providers in CFPB and FTC supervisory and enforcement actions relating to FCRA. Representing numerous firms in connection with the acquisition of FCRA-regulated businesses, including due diligence and preparation of merger and acquisition documents.

Microsoft in the FTC’s groundbreaking investigation and agreement related to Microsoft’s Passport Internet authentication service, which was the FTC’s first consent agreement under Section 5 of the FTC Act to impose information security commitments related to the protection of personal information.

FIFRA Applicability to Advanced Surfaces

FIFRA and FTC Regulation of Hand Sanitizing Wipes

Advise manufacturer regarding regulation of hand sanitizing wipes that may also be used to clean surfaces under FIFRA and FTC rules, including requirements for consumer preference claims.

ERISA litigation in the Supreme Court

Successfully handled important ERISA litigation in the Supreme Court, including Conkright v. Frommert, 130 S. Ct. 1640 (2010) (requiring deference to the plan administrator’s interpretation of a plan, even though the administrator had previously relied on provisions that were not properly added to the plan), and Kennedy v. Plan Adm’r for Dupont Sav. & Invt. Plan, 129 S. Ct. 865 (2009) (applying ERISA’s “plan document” rule to affirm unanimously a plan administrator’s decision to follow a beneficiary designation that gave rights to a participant’s former spouse, even though a divorce decree had stated that the former spouse gave up her rights).

FEC investigation

On behalf of one of the world’s largest banks, obtained a dismissal of an FEC investigation concerning alleged campaign finance violations.

FDA Food Labeling Comments

Favorable settlement for Raycom Media

Represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.

False Claims Act litigation and appellate defense

Successful defense of Pfizer in both the district court and the court of appeals on a series of claims by a relator concerning Genotropin.

Dismissal of a high-profile negligence action

Represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.

Ensuring fair international procurements for private companies

When a major Latin-American government’s procurement financed by the Inter-American Development Bank (IDB) appeared to lock out foreign competitors, a private company turned to us for advice and discreet action. With our knowledge of the country, and of IDB and other multilateral procurement regulations, and relationships with key officials, we were able to persuade the IDB to take quick remedial action which ensured the company a new opportunity to compete fairly in a new procurement with no damage to their relationships in Latin America.

Engaging U.S. officials to advocate for clients before multilateral organizations

When the U.N. Special Rapporteur on Human Rights issued a report criticizing the effect of strong copyright protection, we secured a forceful response from the U.S. government and helped ensure that no action was taken on the report by the U.N. Human Rights Council.

Enforcing arbitration awards

A Korean infrastructure company has asked us for assistance in recovering a substantial arbitral award in Mexico, which the Mexican government is challenging.

Employment Class Action

Employment aspects of global joint venture

Advised a Japanese technology client on the international employment, pensions and incentives aspects arising on the formation of a joint venture with operations in the US, Asia and Europe.

Employment aspects of acquisition for luxury brand

Advised Giorgio Armani S.p.A. on employment and benefits aspects of the acquisition of its retail and wholesale UK business from Club 21.

Employment advice to AstraZeneca in major acquisition

Provided international employment law advice to AstraZeneca in relation to its acquisition of Bristol-Myers Squibb’s interests in the companies’ global diabetes alliance across 40 jurisdictions.

Employee data breach support

Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.

Emerging policy issues

Worked directly with, and appeared before national and regional privacy authorities, such as the European Commission, the EU Article 29 Working Party, and the Council of Europe, both to address emerging policy issues in the data privacy field, such as data retention, radio frequency identification (RFID), Big Data, facial recognition, security breach legislation and biometrics, and to defend individual clients.

Electronic Arts in Acquisition of 19.9% Stake in Ubisoft Entertainment

Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.

Environmental Impact Analysis and Permitting in California Desert

BrightSource Energy on environmental impact analysis and permitting of its Ivanpah project in the California desert.

E-Recycling Facility Regulations

Advise client regarding environmental regulations that may apply to an e-recycling facility.

Drayson Wireless Formation

Drayson Racing Technologies, a leading developer of electric racing vehicles, in connection with the formation of Drayson Wireless, a new entity created in collaboration with Imperial Innovations to commercialize wireless energy technology developed at Imperial College, London.

Drafting of Pension Protection Act 2006

Drafted and advanced legislation that became the Pension Protection Act of 2006. Since passage of the Act, we have been leading discussions with the US Treasury and the US IRS to resolve significant issues affecting hybrid pension plans and sponsors of those plans.

Documentation and Species Mitigation for Solar Facility Siting

Negotiated with U.S. Department of Interior and California Energy Commission relative to environmental documentation, including NEPA, and species mitigation for siting of solar facility.

Bush, et al. v. Deere & Company (C.D. Ill.)

Tried and won a class action lawsuit alleging “pattern or practice” discrimination on the basis of age in connection with a corporate reduction in force.

Cadmium Restrictions Advice

Provide regulatory and strategic advocacy advice to a large fertilizer manufacturer on the EU consideration of restrictions on cadmium in fertilizer.

Economic Cities Authority of the Kingdom of Saudi Arabia project

Representing the Economic Cities Authority of the Kingdom of Saudi Arabia in the development of legal and regulatory infrastructure for the Kingdom’s Economic Cities project.

BSA in Major Domestic and International Copyright Law Reform Efforts

Advise Business Software Alliance in most of the major domestic and international copyright law reform efforts resulting from the advent of the digital age, including the U.S. Digital Millennium Copyright Act, the WIPO Treaties, the EU Copyright Directive, the EU Software Directive, implementation of the TRIPS Agreement, and amendments to existing copyright laws in over 30 countries worldwide.

Koppers Global Wood Preservation Portfolio

For Koppers Performance Chemicals Inc., managing a portfolio of patents and patent applications relating to market-leading wood preservation technology as well as advising on strategies for obtaining patents throughout the world and on post-grant opposition proceedings involving its patents and applications in Europe, Australia, and New Zealand. Covington also represented the predecessor to Koppers in several inter partes reexamination proceedings, including the defense of patents drawn to methods of preserving wood using particulate copper and methods for directly producing copper carbonate.

Thomson Reuters Digital Image Processing Portfolio

Successfully Defended $160 Million Navy Award

Successfully defended a major maritime services corporation’s $160 million federal contract to modify and operate a vessel on behalf of the Navy against protests litigated to a decision on the merits at both the U.S. Government Accountability Office (GAO) and the Court of Federal Claims.

Alkermes Global Pharmaceutical Portfolio

Managing the worldwide patent portfolios of Alkermes companies relating to sustained-release pharmaceutical formulations in products such as VIVITROL®, RISPERDAL® CONSTA®, and BYDUREON®. We obtained pivotal patents in Canada, China, Europe, Japan, and the United States covering the BYDUREON product, a sustained-release formulation indicated for the treatment of Type 2 diabetes.

Successfully Represented a Construction Company in a Federal Highway Administration Debarment Proceeding

Represented a large Puerto Rican construction company and its principal in suspension and debarment proceedings before the U.S. Department of Transportation Federal Highway Administration, resulting in a decision of no debarment.

Successfully Represented a Defense Contractor in Proposed U.S. Army Debarment

On behalf of a defense manufacturer in response to proposed debarment by the U.S. Army, conducted an internal company investigation and prepared the company’s formal response, resulting in the Army’s termination of the proposed action.

Electronic Arts in its Acquisition of 19.9% Stake in Ubisoft Entertainment

Representation of Electronic Arts in its acquisition of a 19.9% stake in French game company Ubisoft Entertainment, in a transaction requiring the participation of multiple Covington offices on various corporate, antitrust and international issues.

Debarment Advice for a Potential Investor

Joy Global Transactions

Advised Joy Global in connection with several transactions, including its acquisition of LeTourneau Technologies from Rowan Companies and its sale of LeTourneau’s drilling systems and offshore products businesses to Cameron International.

Ameron International Antitrust Clearance

Represented oilfield services company Ameron International in obtaining antitrust clearance for its acquisition by National Oilwell Varco.

Chemtrade Logistics Inc. Merger Review Clearance

Representation of Chemtrade Logistics Inc. in obtaining merger review clearance for its $860 million acquisition of General Chemical Corp.

Newport Television Transactions

Advised Newport Television LLC in connection with the sale of broadcast television stations to Sinclair Broadcasting, Nexstar Broadcasting, and Cox Media Group.

Communications and Media Joint Ventures

Counseling for joint ventures for a variety of clients in media and communications, including cable channel ventures, joint ventures for video programming and content, and satellite, wireless, and broadcast joint ventures.

China National Tire & Rubber Co. Transactions

Representation of China National Tire & Rubber Co., in its $7.7 billion acquisition of Pirelli.

Altice Transactions

Representation of Altice N.V., in its $18 billion acquisition of Cablevision Systems Corp. and its $9.1 billion acquisition of Suddenlink.

Verizon Communications Transactions

Representation of Verizon Communications in several transactions, including its $3.89 billion acquisition of AOL. Also advised the company in connection with its purchase of UK-based Vodafone’s 45 percent ownership of Verizon Wireless, as well as Vodafone’s purchase of Verizon’s interest in Vodafone Italy, which was valued at $124.1 billion.

Qualcomm/CSR Transaction

Representation of Qualcomm in connection with its acquisition of CSR plc, with filings in China, Germany, Japan, Korea and Taiwan.

Sanofi/Verily Life Sciences Transaction

Representation of Sanofi in connection with obtaining clearances from the European Commission and in China, Korea, Switzerland, Taiwan, Turkey and Ukraine for its collaboration with Google Life Sciences, Inc., now Verily, relating to diabetes management products and services.

AstraZeneca Transactions

Representation of AstraZeneca in relation to the creation of a $3.4 billion diabetes joint venture with BMS, and the subsequent acquisition of sole control over that venture; in its acquisition of the rights to Almirall’s respiratory franchise (for initial consideration of $875 million and up to $1.22 billion in development, launch and sales-related milestones); assisting in the acquisition of the Takeda respiratory portfolio; and in relation to the creation of an oncology joint venture with Fujifilm Kyowa Kirin Biologics (FKB).

Expedia/Orbitz Transaction

Secured a significant victory for Expedia (and consumers) in its $1.3 billion acquisition of Orbitz. The DOJ closed its “second request” investigation without taking any enforcement action.

Samsung Inter Partes Reexamination Proceeding

Representation of Samsung Electronics Co., Ltd. in inter partes reexamination proceedings for a patent related to LCD color technology. Genoa Color Technologies Ltd., the original owner of the patent, sued Samsung for infringement. Samsung requested inter partes reexamination of the patent, and the Right of Appeal notice upheld the final rejection of all claims of the patent on numerous grounds. Subsequent to the Right of Appeal Notice, the parties settled the litigation.

Fujitsu Ex Parte Reexamination Proceeding

Representation of Fujitsu Limited as patent owner in an ex parte reexamination proceeding for a patent related to card type input/output interface devices. The U.S. Patent and Trademark Office issued a Reexamination Certificate confirming the patentability of claims at issue in a concurrent litigation.

Coordination of Patent Office and PTAB Strategy

For a pharmaceutical company with two patents covering a commercial product under challenge in inter partes review proceedings, we developed the strategy that resulted in the accelerated grant of four additional U.S. patents each eligible for listing in the Orange Book.

Inter Partes Reexamination of Patents in HPL Portfolio

Representation of multiple requesters in inter partes reexamination of seven patents in the Helferich Patent Licensing (HPL) portfolio. All challenged claims in all patents stood rejected, with six of the seven patents on appeal to the Patent Trial and Appeal Board. Given the success of the reexamination and Inter Partes Review proceedings handled by Covington, the last remaining requesters reached favorable settlements with HPL.

Orange Book Listed Patents in Reexamination Proceedings

We represented Alkermes, Inc., the top patent owner of Orange Book listed patents in reexamination, in ex parte reexamination proceedings and worldwide opposition proceedings initiated by competitors. Six of the seven patents successfully emerged from reexamination and remain listable for the VIVITROL® and RISPERDAL® CONSTA® products.

Trend Micro Inc. Reexamination Proceedings

Representation of Trend Micro Incorporated as patent owner before the U.S. Patent and Trademark Office in ex parte reexamination proceedings relating to two patents directed to anti-virus technology. Reexamination Certificates for both patents were issued, and Trend Micro and the third-party requester settled the state court litigation in which the validity of the patents was at issue.

Major national retail electricity supplier on the rules regarding 3rd party access to distribution resources and the retail market structure required to facilitate robust electricity supply competition in a dozen states including Texas, Pennsylvania, Illinois, Maine, Maryland, New York, Massachusetts and Ohio.

$200 million recovered for utility companies

Represented a number of utility companies in obtaining more than $200 million in environmental and toxic tort settlements.

$2 billion Los Angeles Clippers Acquisition

Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.

$150 million recovered for railroad clients

Represented railroad clients in obtaining more than $150 million through scores of settlements for FELA, environmental, and employment practice claims.

WSFS Bank in Strategic Investment and partnership with ZenBanx

WSFS Bank in its strategic investment and partnership with ZenBanx Holdings, which offers a mobile, multi-currency account that will allow consumers to hold balances denominated in up to five currencies in a single account.

Prosper in Six Rounds of Funding

Representation of Prosper Marketplace in its last six rounds of financing, including its most recent $165M Series D financing.

Prosper in First-of-its-Kind Transaction

Representation of Prosper Marketplace in a variety of securities advisory and transactional matters, including in a first-of-its-kind registration of $500 million of borrower dependent notes and restructuring into a bankruptcy remote vehicle, several rounds of venture financings, as well as ongoing disclosure, SEC reporting and SEC regulatory matters.

JD.Com in Investment in and Joint Venture with ZestFinance, Inc.

Representation of JD.com in connection with its investment in and joint venture with ZestFinance, Inc.

Innovative New Product for Global Communications Firm

Advising a global network that enables institutions to send and receive information about financial transactions on an innovative new communications technology platform.

Strategic Alliance and Outsourcing

Representation of a company in the fintech sector in a complex strategic alliance and outsourcing transaction to create an innovative post-financial trade processing and technology service for large banks in Europe and Asia.

Public Capital Raising by Fintech Issuer

Representation of Cenkos Securities, plc as nominated adviser, broker and bookrunner in relation to an IPO on AIM and two follow-on offerings by FAIRFX GROUP plc, an international payment services provider.

New EU Legislation for the Fintech Sector

Advising a number of firms on the provisions of the new Payment Services Directive 2 and how to implement the changes.

Pre-Incident Advice and Assessments

We regularly advise clients on compliance with information security requirements and best practices, including, among others, governance best practices, vendor contract terms and due diligence, the implementation of information security controls to satisfy regulatory requirements, and the conduct of vulnerability assessments.

Prosper in Acquisition of BillGuard

Representation of Prosper in its acquisition of BillGuard, a personal finance analytics company.

Pursuing Recovery for the Largest Documented Data Security Breaches

We have successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.

Data Breach Response and Compliance

We have counseled clients on all aspects of data breach response globally, including incidents involving more than 100,000 impacted employees, payment card incidents involving millions of consumers, and breaches of other personal information impacting more than 50 million consumers.

Legg Mason Investment in Precidian Investments LLC

Representation of Legg Mason, Inc. in its investment in Precidian Investments LLC, a leader in the creation of innovative financial technology products, specializing in exchange-traded fund and mutual fund development, and associated trading and pricing technologies.

FTC reviews of advertising practices in the alcoholic beverage industry

Representing trade associations and individual companies in connection with the FTC’s periodic reviews of advertising practices in the alcoholic beverage industry.

Financing of foreign military sales

Assisted in the structuring of multi-billion dollar bank facilities to finance the manufacture and delivery of major defense systems to foreign governments under Foreign Military Sales (FMS) contracts.

FDCA, FTC Act, and Lanham Act Compliance for life sciences companies

Financing of a cleared contractor

Advised a publicly-traded investment company on government contracts and national industrial security matters related to a debt financing arrangement involving a contractor with significant classified operations.

FCPA investigation for major oil and gas company

Represented Hyperdynamics Corporation in an FCPA investigation by the Department of Justice related to its business activities in the Republic of Guinea. The matter was resolved without any charges being brought against the company.

Facebook acquisitions

Advised Facebook, in connection with its acquisitions of Instagram, Oculus, WhatsApp and other entities.

Assisted global high-technology and financial sector companies with U.S. and other export controls affecting encryption items and high-performance computers.

Export compliance program for oil and gas company

Developed a comprehensive export controls compliance program to assist a U.S.-based oilfield services company in securing approval under the Commerce Department Special Comprehensive Licensing program.

Global compliance

Conducted a detailed review of the human resources operations of a large pharmaceutical company to assess compliance with data protection and privacy laws and regulations in both the U.S. and EU, in anticipation of possible certification under the U.S.-EU Safe Harbor regime. Our extensive written report described potential compliance issues and recommended specific remedial actions.

Hulu Video Privacy Protection Act class action

Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act. The complaint alleged that Hulu disclosed to third parties the video viewing information of individual Hulu users.

Huawei Privacy Class Action

Defending Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws. The suit stems from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.

Helping Clients Increase Their CPA Zicklin Scores

On behalf of major fortune 500 clients, we have negotiated increased CPA-Zicklin scores, which improves their corporate governance profile, reducing the risk that those clients would be targets of litigation, shareholder proposals, and other initiatives.

Hapag-Lloyd and United Arab Shipping Company with EU Investigation

Representing Hapag-Lloyd and United Arab Shipping Company in connection with the Container Shipping investigation in the EU.

HAECO's Acquisition of TIMCO Aviation

Represented Hong Kong Aircraft and Engineering Co. (HAECO) as regulatory counsel in its $388.8 million acquisition of TIMCO Aviation, a global provider of aviation maintenance, repair, and overhaul services. We handled CFIUS and government contracts matters for HAECO.

Government affairs compliance

Advising a self-regulatory body on its government affairs activities, including advising on the tax treatment of these activities.

Global privacy assessment

On behalf of one of the world’s leading consumer electronics and technology companies, we completed a comprehensive global privacy audit under the laws of the United States, the European Union, and China, including an assessment of the data
collection, use, and sharing practices of numerous business units (including HR data), cross-border data transfers, and adopting a going-forward privacy governance and risk-management approach and corresponding policies and procedures.

EU-U.S. regulatory dispute

Assisted a European telecommunications company in protecting its interests with the European Commission in a bilateral EU-U.S. regulatory dispute.

EU and national requirement compliance

Counseling clients on compliance with European Union and national requirements regarding the use of “green dot” labels related to product disposal, “CE” labels on prototype products, and use of national languages on product labels.

DataCard’s $500 million acquisition of Entrust

Represented Entrust in front of CFIUS and on national industrial security regulatory matters in connection with its sale to DataCard Corp.

Data retention matters

Advised a European telecommunications client on data retention matters, and on strategy and compliance relating to new services using customer data.

Data breach notification requirements

Advised a global pharmaceutical company on the data breach notification requirements in more than 80 countries, following a security breach affecting employees in Europe, Asia and the Americas.

DAE acquisition of Landmark and Standard Aero

Represented the Carlyle Group in various matters, including the sale of Landmark and Standard Aero to Dubai Aerospace International.

DAA Self-Regulatory Principles

Represented a third party in responding to an inquiry by the Online Interest-Based Advertising Accountability Program regarding compliance with the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.

Cybersecurity FCA Victory for a Services Contractor

Foreign government cyber hacking of a federal agency produced front page news and a U.S. Department of Justice (DOJ) False Claims Act (FCA) investigation of the service contractor that built and maintained the agency’s cyber security system. We rebutted allegations that critical cyber infrastructure was missing, out of date, and technically deficient. The DOJ dropped its investigation and the company made a small, five figure settlement with the agency.

Cutting-edge cost allowability victory

Successfully represented a major defense contractor, through trial and decision, in board of contract appeals litigation involving the allowability of private security costs allegedly incurred in connection with providing logistical support to the U.S. military during the Iraq War. The case raised cutting-edge cost allowability, contractor-on-the-battlefield, and statute of limitations issues.

CVG Sale

Represented CVG, Inc. in its sale to Integral Systems, Inc.

Crude oil antidumping proceedings

CRADA with the Department of Defense

Negotiated a Cooperative Research and Development Agreement (CRADA) with the U.S. Department of Defense for evaluation of innovative automotive technologies in connection with the precursor of the LMTV program.

CRADA with Air Force Research Laboratory

Representing an aerospace technology company in its negotiation of a Cooperative Research and Development Agreement (CRADA) with the U.S. Air Force Research Laboratory for the testing and validation of privately developed propulsion technology. Addressing key intellectual property protection issues.

CRADA advice for a consumer products company

Advised Fortune 50 consumer products company about its rights and obligations under a Cooperative Research and Development Agreement (CRADA) with a U.S. Department of Energy weapons lab.

Corporate Political Disclosure Advice

We routinely advise corporations and trade associations in connection with corporate political disclosure policies and practices.

Concurrent House and Senate investigations

We represented a global manufacturer of advanced medical devices in concurrent investigations in the House and Senate regarding reported injuries to patients. The investigation included parallel regulatory inquiries and significant litigation risks.

Comprehensive compliance program for global operations

For a diversified U.S.-based manufacturing company, we developed compliance manuals covering its global operations that addressed export controls, sanctions, and antiboycott compliance, as well as anti-corruption compliance.

Compliance program for global energy company

Developed a compliance program for the Asia-Pacific offices of a global energy and industrial company that covers trade controls and anti-corruption laws and regulations and includes guidance on restricted party and embargoed country screening, U.S. export licensing, and recordkeeping requirements.

Compliance with DBE requirements

Representing a large automotive parts manufacturer in its response to a show cause notice from a local transit authority customer, addressing questions regarding Disadvantaged Business Enterprise (DBE) participation.

Compliance program for a defense company

Developed a major defense company’s comprehensive export controls compliance best-practices manual covering a range of export control topics. We seconded one of our associates to the company’s core export compliance organization to work on this project, which required synthesizing existing company compliance material and standardizing export compliance practices across a diverse group of businesses.

Deep experience

We have represented clients in numerous other congressional investigations and oversight hearings, including a major internet services company in an investigation of its practices abroad, a chemical manufacturer in an investigation of the safety of its products, an insurance company in a hearing on the federal long term care insurance program, a financial services company in an investigation of credit card terms, and drug companies in investigations concerning such matters as payments to doctors, marketing practices, generic approvals, drug importation, and drug safety.

Defense and aerospace enforcement investigations

Represented numerous U.S. defense and aerospace companies in enforcement investigations before the State Department’s Directorate of Defense Trade Controls and the Department of Justice.

Department of Justice inquiry

We represented an ethnic affinity organization, closely associated with a foreign political party, in successfully addressing a Department of Justice inquiry concerning the organization’s activities.

Elbit Systems Acquisitions

Eight-Year FCA Investigation Ends with Declination

Press reports accusing our client of using inflated labor categories on a billion dollar contract triggered an eight year False Claims Act (FCA) investigation. Eventually, our appeal to senior attorneys at the U.S. Department of Justice’s Civil Division brought an end to the FCA investigation and cleared the way for the client to negotiate an administrative settlement with the contracting agency resulting in a net payment to the client of millions of dollars.

Educational and children’s privacy rules

Advising Microsoft on the application of educational and children’s privacy rules to cloud computing services.

DOJ Investigation Concerning FCPA Matters

Representation of a mining company in a Department of Justice investigation concerning anti-corruption (FCPA) matters and related civil RICO litigation.

Dismissal of wrongful death case based on government contractor defense

Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.

DOE grant to support clean energy

Representing a large chemical company in its negotiation of a U.S. Department of Energy (DOE) grant to construct a cathode materials production plant that supplies manufacturers of advanced lithium-ion batteries. Addressing significant property ownership and intellectual property considerations.

Dismissal of wartime wrongful death claims brought by contractor employees

Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.

Dismissal of personal injury case involving military personnel

Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.

Development of corporate responsibility programs

Advised an oilfield services company on the design and implementation of a corporate responsibility program for its Angolan operations following an FCPA enforcement action.

Developers of child-directed apps

Advised developers of child-directed apps on the FTC’s informal guidance on the collection of audio files and other user-generated content, push notifications, in-app purchases, and other interactive features.

Addressing Regulatory Enforcement Actions

We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.

Internal investigation for financial institution

Conducted an investigation for a major international financial institution with regard to possible breaches of UK and EU financial sanctions and wire transfer regulations by the client’s UK branch.

Internal investigations for an aircraft manufacturer

Led more than a dozen internal investigations for a military aircraft manufacturer, including drafting voluntary disclosures filed with the Departments of State and Commerce that were successfully resolved. Also developed export compliance plans for several of the company’s high-profile international projects.

International procurement capacity building

Through the United Nations Development Program, the International Senior Lawyers Project, and the U.S. Department of Commerce’s Commercial Law Development Program, we provide procurement law expertise and training to senior procurement officials of foreign governments including Liberia, Iraq, and Afghanistan to help those countries build capacity for conducting predictable and transparent procurements. This experience allows us to provide specific, knowledgeable advice to clients wishing to pursue procurements conducted by foreign governments.

New York State Common Retirement Fund v. Qualcomm, (Del. Ch. Ct. 2013)

Represented Qualcomm in the first lawsuit ever brought under Delaware corporate law to attempt to compel disclosure of corporate political expenditures. We negotiated a rapid resolution and the Common Retirement Fund withdrew its lawsuit.

New online advertising products

Represented a large social-media platform in connection with the development and implementation of new online advertising products.

Negotiation and vetting of state contracts for healthcare exchanges and MMIS

We helped a major client negotiate contracts with state healthcare exchanges in Maryland and several other states, and navigate the procurement rules and risk areas unique to many state exchanges. We have also advised clients regarding intellectual property and other issues specific to state MMIS procurements.

Negotiated cooperative research and development agreements (CRADAs)

Advised major pharmaceutical, consumer products, and energy companies, as well as universities, concerning IP rights under CRADAs for technology transfers at national laboratories.

Navigation of Organizational Conflicts of Interest

We have helped major contractors navigate the specific Organizational Conflicts of Interest (OCI) rules and requirements imposed by the Centers for Medicare and Medicaid Services (CMS), the Defense Health Agency, and other agencies. When CMS rolled out its new approach to OCIs, including its new standard clause and required forms, we helped a major CMS contractor comment on key aspects of the approach.

Navigation of multiple issues related to healthcare.gov

In the wake of the failed launch of healthcare.gov, we helped a major health IT company navigate compliance and other issues related to its healthcare.gov contract and efforts to remediate the website and related IT systems.

Navigation of issues specific to CMS Recovery Audit Contracting

We helped a client navigate a range of issues unique to RAC contracts with the Centers for Medicare and Medicaid Services (CMS).

Navigating U.S. sanctions programs for multinational corporations

When the U.S. government announced changes to its Cuba policy, major global companies in the consumer products, travel, and entertainment sectors turned to us for advice on policy and trade matters. We advised these clients on export controls and sanctions, legislative proposals, Helms-Burton restrictions, expropriations and certified U.S. claims, and market access issues.

Navigating FMS and FMF processes

Advised multiple sellers of military products to foreign governments through the Foreign Military Sales (FMS) and Foreign Military Financing (FMF) processes, gaining approval from the Defense Security Cooperation Agency for the sales and for using financing from FMF and commercial banks to enable the transactions.

Navigated foreign legal requirements for international contractors

Organized foreign counsel in 40 foreign countries to determine legal requirements governing U.S. government contractors working in country, to ensure local compliance as to business registrations, visas, employment laws, and taxes. In doing so, developed a template for determining foreign requirements and a network of local counsel to serve as a resource for the contractor.

National Public Radio privacy class action

Achieved dismissal of a putative class action against National Public Radio alleging violations of the Wiretap Act, Stored Communications Act, and state laws. The complaint alleged that mobile app developers wrongfully transmitted personal information to third party advertising companies.

Multi-defendant privacy class action

Achieved dismissal of a putative class action against Microsoft, CBS, Microsoft, McDonald’s, and Mazda alleging violations of the Wiretap Act, Computer Fraud and Abuse Act, and state laws. The complaint alleged that an online ad network used Flash cookies and other tracking mechanisms to build user profiles for the purpose of serving targeted advertising.

Minority business enterprise subcontracting

We defended a major supplier to transit authorities funded by the U.S. Federal Transit Administration against allegations that it was subcontracting with ineligible Minority Business Enterprises (MBEs), thus enabling our client to continue supplying the transit authorities of several major metropolitan areas.

Microsoft’s EUR 5.44 Billion Nokia Transaction

Representation of Microsoft Corp. in its purchase of substantially all of Nokia’s devices & services business and licensing of Nokia’s patents. Covington advised on IP, commercial and regulatory matters on the transaction.

Microsoft's acquisitions of Nokia and Skype

Advised Microsoft in relation to the data protection aspects of the purchases of Nokia’s device and services business and Skype.

Microsoft privacy class action

Achieved summary judgment for Microsoft in a putative class action alleging unauthorized collection of geolocation information from the plaintiffs’ mobile devices. After a claim under the Wiretap Act was dismissed at the pleadings stage, we successfully obtained summary judgment on a remaining claim under the Stored Communications Act.

New York state protest victory

We brought bid protests in New York State administrative and judicial forums concerning redevelopment of municipal hospital property. We obtained an opportunity for our client to become the selected awardee after the procuring agency initially selected two other awardees.

Over-the-counter medicine investigation

We represented a world-leading consumer products manufacturer in an investigation by the House Committee on Oversight and Government Reform regarding high-profile recalls of over-the-counter medicines. The investigation included multiple interviews, tens of thousands of documents produced to Congress, and two major hearings, including one at which the company’s chairman and CEO testified.

Ongoing FARA compliance advice

We represent numerous consulting firms that are registered under the Act in ongoing compliance with the statute’s disclosure requirements and audits of disclosures by the Department of Justice.

Oil and gas company Iran sanctions

Extensive advice to U.S. and non-U.S. oil and gas companies on the scope and application of sanctions and retaliatory measures targeting Iran, including advice on pending U.S. enforcement matters.

North Carolina protest victory

We successfully protested the award of a multi-year statewide tire contract to our client’s competitor. We convinced the State to take corrective action, which resulted in a contract award to our client.

NFL Sunday Ticket DirecTV Deal

Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.

Off-label marketing investigation

We represented a major pharmaceutical company in a lengthy investigation by the House Oversight and Government Reform Committee regarding alleged off-label marketing of pharmaceutical products. The investigation included dozens of requests and resulted in the production of tens of thousands of documents.

Joint Venture for Creation and Launch of 120 Sports

Represented NHL in connection with its entry into a joint venture with Silver Chalice Partners, Sports Illustrated and Major League Baseball Advance Media for the creation and launch of 120 Sports, the first multi-sport, league-created digital network in the United States. In addition to MLB and NHL content, the digital network will include content from the NBA, NASCAR and a number of college conferences. The network is expected to offer 24/7 programming on an unauthenticated basis, including live sports highlights and related news programming.

Iran Sanctions Investigation for Pharmaceutical Company

Conducted an Iran sanctions investigation for a major pharmaceutical company.

Iran and Sudan Sanctions Advice

Secured export licenses enabling leading pharmaceutical companies to sell millions of dollars’ worth of medical products to Iran and Sudan, and permitting consumer products companies to export agricultural commodities to those countries.

Investigating Insider Thefts

We have directed investigations into cyber-based insider thefts of highly sensitive proprietary information and consumer information.

Represented the Microwave Materials Group and Emerson & Cuming Microwave Products in their sale to Laird Holdings.

Largest Suspension and Investigation in USAID's History

A voluntary disclosure to USAID by one of its largest not-for-profits led the agency to suspend the entity for potential false claims and lack of internal controls, resulting in the board of directors forcing the resignation of the entity’s leadership team and hiring our lawyers to resolve the matters. When the agency refused to lift the suspension due to the lack of trustworthy internal controls and the entity was on the brink of shuttering its doors, our lawyers successfully negotiated a grand bargain to transfer nearly all of the programs, assets, and employees to another not-for-profit and settle the False Claims Act (FCA) investigation.

Media Rights Agreements

Represented the PGA of America, the USTA, the U.S. Olympic Committee, the American Athletic Conference, the A-10 Conference, the Chicago Cubs, and the LA Clippers (among others) in connection with the negotiation of their media rights agreements.

Major political donors

Advise high-net-worth individuals on the vetting of political contributions and tax issues related to their support for tax-exempt groups.

Los Angeles Clippers Acquisition

Represented Steve Ballmer in his $2 billion acquisition of the Los Angeles Clippers from The Sterling Family Trust.

Liaison for group of U.S. multinationals with BCRs

Managing and acting as the liaison for a group of U.S. based multinationals that have put BCRs in place and exchange their BCR experience.

Patagonia privacy class action

OFAC advisory and enforcement matters

Represented major U.S. and European financial institutions in advisory and enforcement matters before the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on the impact of U.S. asset-blocking measures.

Obtained SAFETY Act protection for anti-terror products and services

The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.

Japanese electronics company ruling requests

Prepared ruling requests for a major Japanese electronics company and its U.S. subsidiaries with respect to classification, government procurement, and foreign-origin marking issues.

“Issue advocacy” campaigns

We have advised numerous tax-exempt organizations regarding “issue advocacy” campaigns during election years.

Iran sanctions advice for a financial services provider

Represented a multinational financial services provider in strategic matters relating to potential Court of Justice of the European Union (CJEU) litigation pursuant to the EU sanctions against Iran.

IP Obligations under WTO/TRIPS

Retained by a WTO member to assess the consistency of certain Chinese requirements affecting the licensing of intellectual property rights with its obligations under WTO/TRIPS.

Inverted domestic corporations

We have advised several clients concerning the statutory ban on federal contracting with “inverted domestic corporations.” Our advice has enabled these clients to arrange their business structures and operations so as to maintain contracting opportunities to the maximum extent possible.

Largest public FARA investigation in recent years

We represented a consulting firm in an internal investigation and retroactive registration for activities undertaken by the firm for a foreign government – the largest public FARA investigation in recent years.

Management of entire BCR approval process

Advising numerous companies on Binding Corporate Rules (BCRs), including Processor Rules. We help develop the BCR corpus and manage the entire approval process before the lead data protection authorities in several EU Member States including Belgium, Germany, Luxembourg and the UK.

Los Alamos investigation

We represented the University of California in an intense and wide-ranging investigation by the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations into alleged fraud and mismanagement at the Los Alamos National Laboratory. The investigation involved more than two dozen witness interviews and culminated in three days of hearings. At the conclusion of the investigation, the University retained its contract to manage the Laboratory.

LinkedIn privacy class action

Achieved dismissal of a putative class action against LinkedIn alleging violations of the Stored Communications Act and state law. The complaint asserted that LinkedIn disclosed LinkedIn user identification numbers and LinkedIn URL addresses to third party advertising companies, which allowed those companies to correlate the identity of a user with his or her previously anonymous Web browsing history.

Lindsay Goldberg's transformation of PAE

Represented private equity firm Lindsay Goldberg and PAE as regulatory counsel in six different M&A transactions that have grown PAE to a defense contractor with annual revenue in excess of $2 billion. Our work began in 2011 with Lindsay Goldberg’s acquisition of PAE from Lockheed Martin, and continued through to PAE’s acquisitions of Defense Support Services, CSC’s Applied Technology Division, USIS’s Global Security and Solutions Business, and A-T Solutions and to Lindsay Goldberg’s 2016 sale of PAE to Platinum Equity. Our work in each of these deals has included government contracts, national security, trade controls, and anti-corruption due diligence and advice on transaction structuring, novations, and regulatory approvals.

Leading semiconductor transactions

Represented Mubadala Development Company and Advanced Technology Investment Company in joint venture with Advanced Micro Devices to form GLOBALFOUNDRIES, and represented GLOBALFOUNDRIES in its acquisition of IBM’s semiconductor manufacturing business.

Leading FARA case

One of the leading FARA cases is Attorney General v. Covington & Burling, which established that the attorney-client privilege survives a FARA registration.

Leading Carriers of a Major Container Shipping Alliance in Their Global Strategy

Representing the leading carriers of a major container shipping alliance as they expand, deepen and widen their global cooperation.

Launch of the WWE Network

Represented WWE in the launch of the WWE Network, a direct-to-consumer, subscription-only, online video channel that will air round-the-clock programming, including new programs and matches, an on-demand service, WrestleMania, and a six-decades-deep library for $9.99 a month. This is one of the first sports “over the top” offerings in the United States and the transaction received a great deal of publicity as a result.

Safety Data Sheet Requirements for Food Product

Safety Data Sheet Requirements for Surgical Product

Blockchain Public Policy Counsel

We provide regular government affairs and public policy support and advice to a blockchain infrastructure and transaction processing company. In particular, we help them identify key stakeholders for Blockchain issues and guide them in their discussions with regulators in various jurisdictions and various industry sectors.

Pac-12 Networks in Twitter Streaming Deal

We represented Pac-12 Networks in its deal with Twitter for streaming of 150 live Olympic sports events from the Pac-12 universities.

Fox Networks Group in Online Distribution Agreements

We represented Fox Networks Group in various agreements for carriage of the Fox suite of cable networks and the Fox owned and operated broadcast television stations on various “over-the-top” Internet-based distribution platforms.

NBA in Live Virtual Reality Streaming with NextVR

We represented the NBA in a multi-year deal to stream live NBA games in virtual reality in a partnership with NextVR, which will become the official live virtual reality partner of the NBA. During the 2016-2017 season, live VR games will first be available to NBA League Pass subscribers, with single-game purchase opportunities to follow for all VR consumers as the NextVR app becomes available on new VR devices.

Tencent in $8.6 Billion Acquisition of Clash of Clans Developer

Represented Tencent Holdings Limited in its $8.6 billion acquisition of a majority stake in Supercell Oy, developer of Clash of Clans, Clash Royale, Boom Beach and Hay Day, from SoftBank.

TouchTunes Music Corporation in Digital Media Matters

TouchTunes Music Corporation, the largest digital jukebox manufacturer, in connection with general matters.

The Washington Post Company's Sale of Newsweek

The Washington Post Company in connection with its sale of Newsweek.

The regulation of new technology

We won an FEC advisory opinion finding an on-line giving platform was compliant with the law. FEC AO 2011-19. We routinely provide clients advice on the application of campaign finance rules to new technology and innovated use of technology in political campaigns.

Technical Data Export

Electric Power Research Institute in connection with the export of technical data.

$3.2 Billion Acquisition of Intersil Corporation

Successful Representation of Microsoft in Privacy Battle

Represented Microsoft in successfully opposing a subpoena seeking the emails of a deceased customer. Following briefing and a hearing, the Court embraced Microsoft's balanced approach to this nuanced issue of digital privacy, holding that Microsoft could not be compelled by subpoena to produce the emails but was free to do so voluntarily in accordance with its policies.

Altice Acquisitions

Represented Altice before CFIUS in its acquisitions of Suddenlink Communications and Cablevision.

China Oceanwide’s Acquisition of International Data Group, Inc.

Represented China Oceanwide before CFIUS in its acquisition of International Data Group, Inc.

Sophos Group’s $120 million Acquisition of Invincea

Represented Sophos Group before CFIUS in its $120 million acquisition of Invincea.

Whitepaper on Cybersecurity Advantages of Blockchain Technologies

Advising Microsoft and the Chamber of Digital Commerce in the development of a whitepaper exploring the cybersecurity advantages of blockchain technologies.

Navigating U.S. Legislative Amendment Procedures on a Tight Deadline

Our client, a major trade association, was facing an adverse and precedential amendment to a piece of U.S. legislation. With only one day before decisions were to be made as to which amendments would be in order during the House of Representatives (House) debate, we promptly developed substantive and procedural arguments against the amendment at issue. We then presented these arguments to senior members of the committee of jurisdiction and the Rules Committee. Through our aggressive efforts, the Rules Committee decided against making the amendment in order for a vote, preventing the House from acting on it.

Legislative Victory in a 2016 FDA Nutrition Facts Panel Rule

When the 2016 Nutrition Facts Panel final rule required manufacturers to submit evidence demonstrating that their products met new standards, our client, a Midwestern food ingredients company, immediately complied. However, they were told the FDA would not be able to review the data in time to renew the company’s contracts. Faced with losing its domestic customers for its flagship products, we organized a robust appropriations strategy involving a series of high-level communications. Through our efforts, the FDA delayed compliance long enough to allow for due process. The company was able to swiftly renew its contracts with its biggest customers.

Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR, the largest military services contractor in Iraq and Afghanistan. These claims challenged KBR’s use of burn pits to dispose of waste during those wars. The district court adopted our arguments in their entirety and held the claims were barred by the political question doctrine and preempted based on the “combatant activities” exception to the Federal Tort Claims Act.

Won Lawsuit Challenging GSA Debarment of Tech Entrepreneur

Successfully litigated a challenge to the debarment of a technology entrepreneur by the General Services Administration, resulting in a published 43-page opinion setting aside the debarment on the basis of due process violations.

Vencore and KeyPoint’s Combination to Form Perspecta

Represented government contractors Vencore and KeyPoint Government Solutions and their private equity owner Veritas Capital as government contracts counsel in their combination with the U.S. Public Sector business of DXC Technology to form Perspecta.

Snow Phipps’ Creation of Acentia

Represented private equity firm Snow Phipps during its creation of IT services contractor Acentia, starting with the acquisition of ITSolutions and following with the add-ons of NetStar-1 and 2020 Company. We handled all aspects of these transactions.

Veritas Capital’s Acquisition of Peraton

Represented private equity firm Veritas Capital as regulatory counsel during its $690 million acquisition of Harris Corporation’s government IT services business, now known as Peraton. We handled government contracts and national security matters for Veritas Capital.

Magellan’s Acquisition of AFSC

Represented Magellan Health as regulatory counsel during its $117.5 million acquisition of Armed Forces Services Corporation (AFSC), a provider of behavioral health and specialty services to the Department of Defense and other U.S. government agencies. We handled government contracts and national security matters for Magellan.

Tower Three’s Acquisition of NTS

Represented private equity firm Tower Three Partners as regulatory counsel during its acquisition of NTS, a regional provider of broadband and other communications services in Texas. We handled communications, government contracts, and federal assistance matters for Tower Three.

SafeNet’s Sale of its Government Business to Raytheon

Represented data security firm SafeNet as regulatory counsel during the sale of its encrypted communications business to Raytheon. We handled government contracts, national security, and trade controls matters for SafeNet.

Lindsay Goldberg’s Investment in ECS Federal

Represented private equity firm Lindsay Goldberg as regulatory counsel during its investment in ECS Federal, a leading mid-sized provider of technology services to the U.S. government. We handled government contracts, national security, trade controls, and anti-corruption matters for Lindsay Goldberg.

IoT Network Development

We assist clients with regulatory licenses and approvals necessary to launch, operate, and utilize IoT networks, including FCC equipment approvals for connected devices. For example, we represent a wireless technology company before the Federal Communications Commission as the company seeks to build a nationwide IoT network.

Privacy Counsel

We help clients on all aspects of data privacy, addressing issues such as consent, transparency, privacy-by-design, and international transfers of personal data. Our industry-leading global privacy practice has experts who monitor the latest legislative, regulatory, and policy developments in jurisdictions worldwide.

Global Data Privacy and Cybersecurity Agreements

We have negotiated on behalf of technology clients the data ownership, data privacy, and cybersecurity provisions of global agreements with automotive OEMs related to the provision of connected car services.

Midea’s $5 Billion Public Offer Takeover of KUKA Systems

Represented Midea Group on CFIUS and related U.S. national security approvals in its $5 billion public offer takeover of Kuka Systems.

Geo-location data issues

Advice on European geo-location data issues for major international service provider.

FTC Investigation into third-party advertising service

Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising.

Forest City Ratner Companies’ joint venture with Shanghai Greenland Group

Represented Forest City Ratner Companies in a joint venture with Shanghai Greenland Group to develop the Atlantic Yards site in Brooklyn, NY.

Favorable jurisdiction determinations

FastenTech’s sale to Doncasters Group

Represented FastenTech in its sale to Doncasters Group, a subsidiary of Dubai International Capital.

Export-related visa certifications

Advised companies on deemed export requirements and the completion of export-related visa certifications for non-U.S. workers.

Global assistance to international corporations on government procurement

One of the world’s largest manufacturers of civilian aircraft wanted to promote its foreign direct investment and expand access to government procurements in the United States and Latin America. We supported the company’s increased engagement in Washington, achieving notable recognition by U.S. policymakers at the most senior levels of government. We also advised on U.S. trade policy, export credit programs, and market access issues.

AI Algorithms and Services Cybersecurity

Advising a software company and other high-tech companies on the integrity and security of AI algorithms and services.

AI Technology Trade Controls

Advising a technology client on potential risks for violations of trade control laws and other criminal activity by AI technologies.

Digital Health AI

Advising regulated pharmaceutical and device companies on the use of AI for digital health services.

$2.7 Billion Acquisition of the Safran Identity & Security Business

Represented the private equity firm Advent International and its portfolio company Oberthur Technologies in securing the CFIUS and U.S. national industrial security approvals for Advent’s acquisition of the Identity & Security business (d/b/a “Morpho”) from Safran, for the purpose of
combining it with Oberthur.

Representing Oil and Gas Companies on Export Control Regulations

Advising companies in the oil and gas sector on U.S. and EU export control regulations as relevant to doing business in Russia.

Advising on Financial and Energy Sector on U.S. and EU Sanctions

Counseling a major U.S. company on the operations of its Russian subsidiary in the wake of U.S. and EU sanctions, including advising it on the application of financial and energy sector sanctions to a range of ongoing and future projects.

Broad-based EU and U.S. Sanctions Counseling

Working with various EU and U.S. regulators to obtain licenses, interpretive rulings, and guidance concerning business activities restricted under the recent EU and U.S. sanctions.

Represented Pharmaceutical Industry in Duma Hearings

On behalf of the Pharmaceutical Research and Manufacturers of America, appeared before a hearing of a committee of the Duma on proposals to establish greater protection for innovative pharmaceutical products, including protection of patents and regulatory exclusivity periods.

Trade Compliance Program for a Life Sciences Company

Assisted a leading life sciences company in the design and implementation of global trade compliance program.

Michelin Transaction

Representing Michelin in its acquisition of IHLE Holding AG. The transaction involved six national European merger notifications, namely in France, Germany, Austria, Hungary, Romania, and the Czech Republic. This was the first time that an upstream tire manufacturer and supplier took control over a wholesale tire distributor in Europe creating substantial questions about the effects of this vertical integration.

Salix Pharmaceuticals Transactions

Represented Salix Pharmaceuticals in antitrust issues related to its $2.6 billion acquisition of Santarus, Inc., another specialty pharmaceutical company focused on gastrointestinal treatments and in its $300 million acquisition of Oceana Therapeutics, LCC.

NFL Licensing and Other Transactions

Advised the National Football League in numerous licensing and other transactions.

Aristocrat Leisure Ltd. Transactions

Covington advised Aristocrat Leisure Ltd. in its $1.3 billion acquisition of Video Games Technology Inc. (VGT) and in its $990 million acquisition of Big Fish Games, Inc. Covington regularly advises Aristocrat on antitrust transactional and other matters.

Representation of De Persgroep

Acted for De Persgroep as a complaining third party in the Mediahuis merger. The case was unprecedented as it resulted in a 3 to 2 merger in the newspaper sector. The merger was conditionally cleared by the new Belgian competition authority.

Advise client regarding applicability of OSHA’s 2012 revision of the Hazardous Communication Standard and its applicability to cleaning products.

TRICARE-Related Advocacy

We achieved a significant legislative victory for a major retail corporation when Congress passed the FY 2017 National Defense Authorization Act with new authorities to expand patients’ access to retail pharmacies. Our objective was to overcome the exclusion of chain and local pharmacies from providing brand maintenance drugs under TRICARE at the same rates available for prescriptions filled at military treatment facilities or through mail-order pharmacies, which caused significant losses to chain and local pharmacy businesses and limited beneficiaries’ access to retail pharmacies. Our efforts led to the inclusion of a pilot program allowing pharmacies to provide brand maintenance drugs to TRICARE beneficiaries. The bill passed with overwhelming support in both the House (375-34) and the Senate (92-7).

Bayh-Dole Advice Across Sectors

We have advised clients in various sectors regarding the substantial manufacturing requirement under the Bayh-Dole Act, including securing waivers of the requirement and helping clients structure manufacturing obligations to maximize business efficiencies within the requirements of the Bayh-Dole Act. We also routinely advise clients regarding the Bayh-Dole Act’s requirements for perfecting title in intellectual property and avoiding potential march-in actions under the Act.

High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry

Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.

Counsel to International Companies on Russian Data Privacy Regulations

Representation of Investors on Russian and Eurasian Investments

Advised U.S. and European investors on protection of their economic rights in connection with politically sensitive investments in Russia and other Eurasian countries.

Provided Regulatory Counsel on the Acquisition of a Mobile Phone Company

In connection with the purchase of a mobile phone business, advised a large manufacturer of electronic equipment on issues relating to electromagnetic compatibility and radio frequency requirements and related certifications in Russia and Ukraine.

Counsel to Pharmaceutical Companies on Russian Regulations

Advised major international pharmaceutical companies on clinical trial rules in Russia.

Young African Leaders Initiative

We assisted Microsoft Corporation in its establishment as a founding implementing partner to the Young African Leaders Initiative, one of the Obama administration’s flagship initiatives in Africa.

Preserving a key antitrust exemption

Represented the American Council on Education in successfully enacting legislation to renew and extend an expiring antitrust exemption permitting a selected group of colleges to collaborate on issues involving need-based aid.

Enactment of Trade Secrets Legislation

Represented the Protect Trade Secrets Coalition in successfully seeking to enact legislation to create a federal civil cause of action for trade secret misappropriation to supplement state-level remedies and testified before the House Judiciary Committee on the need for legislation. The legislation was enacted in 2016 after being passed by the Senate 87-0 and by the House 410-2.

Sony BMG Music Entertainment in Class Action Lawsuit

Sony BMG Music Entertainment in a class action lawsuit brought by the Allman Brothers Band and Cheap Trick on behalf of all artists whose contracts pre-date the era of digital downloaded music. Sony BMG pays the artists under the applicable royalty rate for album sales at brick-and-mortar record stores, while the artists claim that Sony BMG should be paying a much greater royalty rate for downloaded music.

NFL on DirecTV Deal

Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.

Altice’s $18 Billion Cablevision Acquisition

Representation of Altice N.V. in its $18 billion acquisition of Cablevision Systems Corporation, which will make Altice the 4th largest U.S. cable operator with approximately 4.5 million customers.

Energy Conversion Devices, Inc. in its acquisition of Solar Integrated Technologies, Inc., an AIM-listed leading provider of building integrated photovoltaic roofing systems.

Severance cost dispute for DOE contractor

Recovered disallowed severance costs paid by a U.S. Department of Energy (DOE) contractor to its employees when the contractor exited the contract and the employees went to work for a successor contractor. The costs were unallowable under the Federal Acquisition Regulation (FAR), but the contract contained an unusual provision, personally approved by President Truman, making virtually all costs allowable. We handled the preparation of the initial claim, the contract appeal to the Court of Federal Claims, and the appeal to the Federal Circuit, at the end of which our client recovered every penny of its severance outlay, plus interest.

Senate Finance Committee investigation

We represented a major biotechnology company in a congressional investigation by the Senate Finance Committee concerning the price of its breakthrough drug.

Service Contract Act investigation and disclosure

Our client, a major large business provider of IT services to the federal government, discovered possible Service Contract Act compliance issues in the operations of a recently acquired subsidiary. We conducted and internal investigation and assisted the client in making a disclosure to the U.S. Department of Labor, which closed the matter without adverse financial or other consequences for our client.

Senate Armed Services Committee hearing

We represented a major federal contractor in an oversight hearing conducted by the Senate Armed Services Committee concerning the contractor’s activities supporting overseas military operations.

Second Largest Airline in South Korea in U.S. Government Investigation of 2014 Accident

Representing the second largest airline in South Korea in connection with the U.S. government’s yearlong investigation of the 2014 accident at San Francisco International Airport.

SBIC portfolio company divestment advice

Our client was a small business defense contractor owned by a Small Business Investment Company (SBIC) that was nearing the end of the control period permitted under Small Business Administration (SBA) regulations. We advised a special committee of the board of directors of the client about the potential effects of various potential sale and transfer scenarios on the client’s continued small-business status, and enabled the committee to decide upon a course of action that would permit the client to continue to perform and compete for small-business set-aside contracts.

SBA Size Determination

We took over a U.S. Small Business Administration (SBA) size determination proceeding for our client, an IT services provider, after previous DC government contracts counsel had failed to persuade the SBA that our client was a small business. We submitted thousands of pages of documentation and numerous position papers in what is believed to be the most complex size determination ever performed by SBA, and persuaded the agency that our client is a small business, notwithstanding its affiliation with dozens of other small businesses, thus allowing it to continue to compete for business on small business set-aside contracts.

Sanctions advice for a major non-U.S. financial institution regarding the processing of U.S. dollar payments

We are representing a non-U.S. financial institution in connection with an investigation by federal and state civil and criminal enforcement authorities into the bank's processing to or through the United States of U.S. dollar payments involving U.S.-sanctioned parties.

Sale of Wolfcamp Shale leasehold to Sinochem

Represented Pioneer Natural Resources in the sale of leasehold interests in Wolfcamp Shale to Sinochem.

Sale of ThreatGRID, Inc.

Represented ThreatGRID, Inc. in its sale to Cisco Systems, Inc.

Sherwin-Williams TCPA class action

Defending Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.

Shoe Show FACTA class action

Achieved a favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.

Significant prime-sub dispute victory

Prevailed on the appeal of a $250 million prime-sub dispute centered on a Truth in Negotiations Act issue. This was a huge victory for the client, after having lost at the trial level using different counsel.

Successfully protested $1.6 billion DoD award

When the U.S. Transportation Command issued a $1.6 billion multiple-award contract for transportation services, we protested the agency’s decision not to include our client among the awardees. After briefing and subsequent negotiations, the agency agreed to award a contract to our client.

Successfully defended prime contractor in data rights lawsuit

We successfully defended a Navy prime contractor accused of misusing its subcontractor’s design data. We convinced the court that the Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses allowed the client to use and distribute the data, resulting in a complete summary judgment for our client.

Successfully defended bidder against claims of misuse of competitors data

We obtained a complete jury verdict for our client accused of misappropriating the incumbent’s trade secrets to win a $200 million NASA contract. The alleged trade secrets included the data generated under the incumbent’s existing NASA contract and the incumbent’s proposal data for the new contract.

Successfully defended $50 million MDA award

When the U.S. Missile Defense Agency (MDA) awarded a contract to our client for engineering and support services, a competitor protested. We successfully defeated the protest.

Successfully defended $150 million FDA award

When the U.S. Food and Drug Administration (FDA) awarded our client a $150 million contract for IT services, two competitors protested. We successfully defended the protests, getting one dismissed for lack of interested party status and the other denied on the merits.

Successfully Defended $1 Billion Coast Guard Award

When the U.S. Coast Guard awarded a contract worth more than $1 billion for the construction and delivery of naval vessels, a competitor protested, first at the Government Accountability Office (GAO) and then at the Court of Federal Claims. We defeated both protests and preserved the award.

Successfully Defended $1 Billion Award for Embassy Services

Our client’s award was challenged by three competitors. We defeated all three protests. We also persuaded the agency to override the automatic stay of contract performance, and then successfully defended the override before the U.S. Court of Federal Claims.

Successfully defeated infringement suit in the Court of Federal Claims

One of our clients provides a key component of the F-35 Joint Strike Fighter. A rival contractor sued the U.S. government in the Court of Federal Claims, alleging that the component infringed its patent. We intervened on behalf of our client and persuaded the court to rule that the patent is invalid.

Successful resolution of best pricing investigation

One of the nation’s largest construction supply companies was investigated for failing to provide the General Services Administration (GSA) with its “best pricing” for materials. Working with the company’s auditors, we were able to resolve the matter for no money based on ambiguities in the Schedule language as applied to the circumstances.

Successful representation of major defense IT contractor in GSA IG audit

Successfully represented a major defense IT contractor in an audit of two U.S. General Services Administration (GSA) Schedule contracts by the GSA Inspector General (IG), in which the IG initially asserted a claim for the repayment of tens of millions of dollars. The matter was resolved for less than $5,000.

Successful jury trial defense of Schedule contractor in False Claims Act case in the Eastern District of Virginia

Through a jury trial in the Eastern District of Virginia, successfully represented a Schedule contractor accused of submitting fraudulent commercial pricing data in violation of the False Claims Act (FCA). The Fourth Circuit affirmed the jury verdict in favor of the contractor.

Sale of satellite sports content to the U.S. Army

Negotiated the sale of satellite sports content to Army Non-appropriated Fund Activity.

Structuring subaward practices under new uniform grant requirements

Assisted a coalition of nonprofit organizations in revising internal policies and standard subagreements to account for completely revamped uniform grant requirements that impose significant new burdens on the subaward process.

SolarCity antidumping and countervailing investigations

Represented Singtel in its $810 million acquisition of Trustwave Holdings, Inc.

Structuring an OTA arrangement

Advising a Fortune 50 company during the negotiation of an Other Transactions agreement with an Intelligence Community customer.

Successfully protested $2 billion+ biodefense award

When the federal government awarded a contract worth more than $2 billion for the development and delivery of a medical countermeasure, we protested at the U.S. Government Accountability Office (GAO). After many rounds of briefing, and a hearing before GAO, the agency agreed to cancel and re-compete the majority of the contract.

Protection of Client IP Rights

For pharmaceutical, energy, and defense companies entering into R&D contracts, grants, and cooperative agreements with federal agencies (including DoD, DOE, and HHS), we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of patent ownership from federal agencies, as well as waivers of the U.S. manufacturing requirements under the Bayh-Dole Act.

Procurement advice and protests in states across the country

We have helped clients navigate state procurement systems and have handled protests in states across the country, including: California, Texas, New York, Florida, Maryland, the District of Columbia, Oregon, North Carolina, Massachusetts, Minnesota, Georgia, Colorado, Washington, New Jersey, and others.

Privatization of municipal assets

Represented the trustee for the City of Harrisburg, Pennsylvania as part out the workout of its debt crisis to monetize and transfer certain city assets to the private sector to help satisfy the city’s debt obligations.

Privacy training for employees

Prepared extensive privacy training materials and participated in training sessions for employees of European subsidiaries of a U.S.-based company.

Privacy-related issues in connection with an acquisition

Drafted privacy-related provisions for use in data processing and outsourcing arrangements and advised on state and tort-based employee privacy laws in connection with a proposed acquisition.

Privacy audit for oil and gas multinational in preparation for BCR approval

Managing a privacy audit of a U.S.-based multinational in the oil and gas industry in preparation for its BCR approval with the Dutch data protection authority as the lead authority, including reviewing and providing advice on the BCRs and the implementation strategy and assisting this client in the preparation and roll-out of various compliance tools in the framework of the BCRs.

Privacy and security provisions in contracts

Advised major airline in relation to data ownership, privacy and security provisions in sales and distribution agreements with online travel agencies and global distribution systems.

Post-acquisition Compliance Review for Pharmaceutical Company

Conducted a post-acquisition trade compliance review for a global pharmaceutical company that included a voluntary disclosure to the U.S. Commerce Department. We also provided related Iran sanctions advice.

Political tax advice to potential presidential candidate

We advised a potential Presidential candidate on the pros and cons of forming one or more tax-exempt entities to promote public policy objectives in the run-up to the election.

Political tax advice to nationally-recognized charitable organization

We advised the board of trustees of a nationally recognized charitable organization with respect to the possible effects on the organization’s tax-exemption of the perceived candidacy of the organization’s president in a federal election.

Political tax advice to advocacy organization

Providing political law and tax advice to a highly publicized bi-partisan advocacy campaign. Covington devised a unique organizational structure to help accommodate the group’s political goals.

Policies surrounding pre-hire background checks

Advised a major sports league on the procedures for conducting pre-hire background checks under the Fair Credit Reporting Act (FCRA) and state law, and drafted appropriate contract language and consent forms accordingly.

Personal care product classification

Advised a Fortune 50 company with respect to the proper classification of personal care products.

Pay-to-play analyses for major pharma company

Conducted a detailed analysis of pay-to-play issues for a major pharmaceutical company and have obtained favorable advisory opinions from state regulators for a variety of our corporate clients.

Protection of employee personal information

Provided guidance to a major technology and manufacturing company in connection with the unauthorized posting of employee personal information on a third-party webpage. Our efforts on behalf of the client included working with Internet service providers to remove the posted information and providing notice to potentially affected individuals and applicable state regulators.

Protection of IP rights for pharmaceutical companies

For pharmaceutical companies entering into R&D contracts, grants, and cooperative agreements with BARDA, NIH, and DTRA, we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of U.S. manufacturing requirements under the Bayh-Dole Act.

Rafael Advanced Defense Systems’ matters

Represented Rafael Advanced Defense Systems on various matters, including in its acquisition of the remaining membership interests in Cubic Advanced Technical Systems.

Prysmian S.p.A.’s acquisition of Draka Holdings

Represented Prysmian S.p.A. in its acquisition of Draka Holdings.

SABIC’s acquisition of GE Plastics business

We represented both companies in SABIC’s acquisition of the GE Plastics business.

Rolls-Royce acquisition of R.O.V. Technologies, Inc.

Rules of Origin

Provided foreign-origin and “Made in USA” marking advice to manufacturers in the life sciences, automotive, machine tooling, and consumer electronic industries.

Reviewing and amending Binding Corporate Rules

Reviewing and amending BCRs for a Swiss-based pharmaceutical company with the French data protection authority acting as the lead authority.

Responding to Sophisticated Advanced Persistent Theat ("APT") Attacks

We have directed the investigations and response into APT attacks from state-sponsored actors and sophisticated criminal groups targeting intellectual property and other proprietary information. These attacks, and the responses, have spanned multiple industries and global companies, with investigations covering four continents.

Retailer criminal investigation and Section 592 proceeding

Represented a major retailer in a criminal investigation and Section 592 penalty proceeding with respect to the posting of antidumping cash deposits.

Responding to Large Cyber-based Financial Crimes

We have handled multiple large cyber-based financial crimes, including, among others, assisting in the response to one of the largest criminal organization ATM cash drawdowns in U.S. history.

Responding to Government Surveillance Inquiries

We have a leading practice advising Internet companies and cloud service providers on responding to legal demands seeking access to customer data or network surveillance, served by governments around the world.

Resolved hotly-contested completion disputes of U.S. Embassy in Baghdad

Negotiated resolution of concerns that the contractor building the U.S. embassy in Baghdad had thousands of unauthorized deviations from specifications, which prevented the U.S. State Department’s acceptance of the sprawling compound. Demonstrated in senior-level meetings and on-the-ground inspections that the project was materially compliant, leading to acceptance and the resolution of investigations by multiple agencies and Congress.

Resolved claims arising from the incarceration of U.S. contractor for espionage

Negotiated a creative settlement of a tort suit filed by a subcontractor arising from his imprisonment in Cuba for carrying out a USAID democracy-building program in that country. We converted that tort settlement into a contract claim by the prime contractor, and successfully negotiated payment to fully compensate the subcontractor while making the prime contractor whole.

Representing Merck in one of the first “test” cases involving interoperability between BCRs and APEC’s Cross-border Privacy Rules (CBPR). The case will establish a precedent for cross-border transfers of personal data for both the EU and Asia-Pacific Region.

Representation of KKR on various investments

Renegotiated government IP agreements

On behalf of a major pharmaceutical manufacturer, we renegotiated agreements with the National Institutes of Health (NIH) concerning IP rights arising out of the development, manufacture, and use of experimental vaccine supplies for international clinical trials, and negotiated contract terms placing on the government the risk of the client’s use of contested IP developed by another contractor.

“Rare Earths” WTO dispute

Advised a sovereign state and other stakeholders regarding a WTO dispute with respect to China’s restrictions on the export of commodities and “rare earth” minerals.

Successfully protested $200 million U.S. Army award

When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.

When the U.S. Department of Defense (DoD) conducted a competition for an Advanced Development and Manufacturing (ADM) facility for medical countermeasures, we protested DoD’s exclusion of one of the offerors from the competitive range. The protest issues were of extraordinary technical complexity, but after several rounds of briefing, we convinced the agency to reverse course and invite the offeror back into the competition.

Investors in the Old ITFS and MMDS Spectrums

Represented investors in the old ITFS and MMDS spectrums have turned to us for advise on new spectrum strategies, regulatory reform, and deal work.

Group of Secured Lenders in Restructuring FairPoint Communications

Representation of a group of secured lenders as principal outside regulatory counsel in the restructuring of FairPoint Communications.

Global Software and Technology Company in Telecommunications Regulatory Matters

Representation of one of the world’s largest global software and technology companies in a range of communications regulatory issues affecting its business.

Foreign Satellite Manufacturer on Corporate and Securities Law

Representation of a foreign satellite manufacturer on general corporate and securities law issues regarding its activities with a U.S. company developing a new satellite-based communications service.

Fax Ban Coalition, U.S. Chambers of Commerce, National Association of Realtors, and Coalition of Mortgage Finance Industry Businesses on Commercial Fax Messages Matter

Obtaining rules on commercial fax messages that protect consumers’ rights, but are fair to legitimate businesses, after multi-venue effort in Congress, in court and at the FCC on behalf of the Fax Ban Coalition, a cross-industry group of trade associations and businesses, as well as the U.S. Chambers of Commerce, the National Association of Realtors and a coalition of businesses in the mortgage finance industry.

European Parliament and Council Regulatory and Advocacy Advice

Regulatory and advocacy advice to a biofuels company on legislative developments relating to the EU Renewable Energies Directive in the European Parliament and Council.

Disney in $7 Billion Acquisition of Infoseek Corporation

Representation of the Walt Disney Company in its $7 billion acquisition of Infoseek Corporation.

Development and Coordination of Anti-Piracy Strategies throughout Europe for Software Providers

Devised and coordinated anti-piracy strategies throughout Europe (including Russia and markets in Eastern Europe) to enforce the IPRs of leading software providers.

Cook Inlet and Others in Spectrum Auctions Process

Represented Cook Inlet and others in the spectrum auctions process.

Major Media Company on Telecommunication Matters

Representation of a major media company on all telecom matters relevant to its commencement and continuity of operations as a Mobile Virtual Network Operator (i.e., a reseller of wireless service) in the U.S. market.

Major Publishers in United States and Europe on Cross-Border Libel Matters

Representation of major publishers in the United States and Europe on cross-border libel matters relating to Internet publication.

Raycom Media’s CBS-Affiliated Station in Cleveland in Opposing Newsgathering Restriction

Representation of Raycom’s CBS-affiliated station in Cleveland in opposing a newsgathering restriction imposed by the mayor of the City of Cleveland. Within 24 hours of the imposition of a ban on contacts to our clients’ journalists, we had begun preparation of an injunction action. Following initial hearings, we negotiated a resolution that resulted in full reinstitution of access for our client.

Qwest Communications International Inc. in Multiple Transactions

Representation of Qwest Communications International Inc. in a number of strategic transactions and proposed transactions, including its merger with CenturyLink (as local counsel in the District of Columbia and Maryland).

Qualcomm in Numerous European Acquisitions and Investments

Representation of Qualcomm in numerous European acquisitions and investments including its $200 million joint venture and private equity investment with Omnia, a subsidiary of Saudi Oger, to create a UK-based company to deploy CDMA-based technology.

Pulitzer-Prize Winning Author Ron Suskind on His War on Terror Investigative Work

Representation of Pulitzer-prize winning author Ron Suskind in connection with his investigative work on the war on terror and in particular, with his most recent bestselling work, The One Percent Doctrine.

On Behalf of MSTV, Representing the Television Industry on Key Legislative, FCC, and Industry Issues

On behalf of MSTV, representing the television industry on key legislative, FCC and industry issues, including, for example, negotiating a template agreement with Sprint Nextel for the migration of broadcast ENG services out of the 2 GHz spectrum, the implementation of a “hard date” for the transition to a digital-only television service, and for the process of electing and assigning final DTV channels.

NFL in Negotiations for Digital Downloads

Representation of the National Football League in negotiations for digital downloads of NFL content and a wide range of other new media deals with Yahoo!, iTunes and others.

Challenging the largest broadcast indecency fine ever proposed by the FCC as lead counsel for a coalition of nearly 100 broadcast television stations.

NextWave and Others in Spectrum Strategies and Opportunities

Represented NextWave, other applicants and licensees, and numerous investors in connection with new spectrum ideas, purchases, auctions and new technologies in the 700 MHz, 800 MHz, and 2 GHz spectrum.

New Skies on Multiple Matters

For New Skies, a spin-off of Intelsat, we have provided FCC advice and also have handled arbitration, litigation, export control and intellectual property projects.

Network Affiliated Stations Alliance and NAB in Battle before Congress, FCC, and Third and D.C. Circuits Courts of Appeals

Waging on behalf of the Network Affiliated Stations Alliance and the National Association of Broadcasters a multi-year, multi-venue battle before Congress, the FCC, and the Third and D.C. Circuits Courts of Appeals on the national television ownership rule, successfully achieving a legislative reversal of the FCC’s decision.

National Press Photographers Association in Protection of Journalists' Rights

Protecting the rights of journalists to gather news in the New York and New Jersey transit systems, on behalf of the National Press Photographers Association.

National Geographic Society in Creation of Channel

Representation of National Geographic Society in the creation of the National Geographic Channel with News Corp. and NBC.

NAB Before the U.S. Supreme Court

Representation of the National Association of Broadcasters before the U.S. Supreme Court in the Schwarzenegger case, which concerns the First Amendment validity of state-imposed limitations on violent video games.

Multiple Clients on Legislative and Regulatory Policy and Litigation Issues

Representation of clients on various legislative and regulatory policy and litigation issues, including (1) retransmission consent, (2) downconversion of digital signals by cable systems, (3) carriage of digital multicast streams by cable, DBS and other video program distributors, (4) indecency, (5) media ownership and (6) importation of distant signals by DBS operators.

Representation of Microsoft in negotiating reseller agreements for interactive voice recognition cloud services between Microsoft subsidiary Tellme and various partners, initially Juma Technology Company and its subsidiary Nectar Services Corp.

Mobile Satellite Ventures (MSV) in Corporate Matters

Representation of Mobile Satellite Ventures (MSV), an L-band MSS provider that has an authorization for a next generation service using ancillary terrestrial components (ATC), in corporate and transactional matters, including equity and debt financing.

Microsoft in License Negotiations for Xbox 360

Representation of Microsoft in negotiating licenses for IP related digital output and copy protection technology for the Xbox 360 console.

Representation of Microsoft before the FCC on various issuing surrounding its Media Center and DRM products. We obtained FCC recognition of Windows Media Digital Rights Management software as a permissible means to handle digital content. We also represent the company in ongoing rulemakings and waiver petitions involving plug-and-play issues, including industry-wide efforts to resolve these issues.

Representation of the Newspaper Association of America, and an 70-member media coalition, in spearheading federal legislation to establish a journalists’ privilege. We have worked closely with proponents of legislation and with Congress to suggest creative solutions to protecting the integrity of the journalistic enterprise, in both traditional and digital media, while taking into account legitimate law enforcement and anti-terrorism concerns.

Successfully protested award for contract to help reform the justice system in Mexico

We successfully challenged an agency award of a contract to assist the government of Mexico in reforming its justice system, obtaining corrective action that involved new final proposal revisions. When our client won the second round award, we defended a challenge by the prior awardee, and preserved the award to our client.

Coalition of Internet Leaders on Enactment of Net Neutrality Legislation

Working for the enactment of meaningful net neutrality legislation on behalf of a coalition of Internet leaders, including eBay, Google, InterActiveCorp, Microsoft and Yahoo!.

Canadian Satellite Radio in $100 million Bond Offering

Representation of Canadian Satellite Radio Holdings, Inc. in a $100 million bond offering.

Tribune Company $2.73 Billion Acquisition of Local TV Holdings

Served as communications regulatory counsel to Tribune Company in its $2.73 billion acquisition of Local TV Holdings, LLC.

Transfer of major construction dispute from state to federal court

Removed a construction dispute involving several hundred million dollars from state to federal court, which was a superior forum for asserting various federal defenses on behalf of our government contractor client. We defeated the plaintiff’s efforts to send the case back to state court, successfully arguing that the case properly was removed under the federal officer removal statute because of the significant role played by the federal government in the construction project.

Trade remedy investigations

Represented the largest U.S. sugar importer in an antidumping and countervailing duty investigation.

Trade controls due diligence in M&A transaction

Conducted a due diligence review of International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), economic sanctions, and anti-boycott compliance in connection with the acquisition of a U.S. defense subcontractor by a foreign buyer.

Think tank internal review

We represented a think tank in an internal review of its foreign government funding in the context of suggestions that its activities may have implications under the Foreign Agents Registration Act.

TINA dispute

For an electronics supplier to a prime contractor for a major U.S. Navy program, we appealed in the prime contractor’s name from a final decision finding defective pricing due to the alleged nondisclosure of certain improvement-curve data that the Navy contended would have led the Navy to conclude that the decline in labor costs would have been steeper than the parties assumed in negotiations. After the close of discovery, we negotiated a favorable settlement.

Textile and apparel producer CITA petition

Represented a coalition of U.S. and foreign textile and apparel producers in the CITA safeguards petition process related to imports of Chinese textile and apparel products to the United States.

Temasek Holdings acquisitions

Represented Temasek Holdings in various matters, including its investment in Merrill Lynch.

Telephone systems antidumping proceedings

Represented AT&T in antidumping proceedings related to telephone systems for small businesses.

Technology control plan for an aerospace company

For a U.K.-based company in the aerospace sector, we drafted a Technology Control Plan taking into account the applicable EU, Member State, and U.S. trade controls.

Supporting overseas military banking services

Provide ongoing support to a major banking contractor by challenging cost disallowances by the U.S. government that could interfere with the bank’s ability to provide critical banking services to military members stationed around the world.

Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.

Sale of CIT Group’s Commercial Aircraft Leasing Business

Represented CIT Group before CFIUS in the sale of its commercial aircraft leasing business to Avolon Holdings, a firm owned by the Chinese conglomerate HNA Group.

Kion Group’s acquisition of Dematic

Represented Kion Group (including a 40% investment by Weichai Power) before CFIUS in its acquisition of Dematic.

Represented Micro Focus in securing CFIUS and other national security approvals for its $8.8 billion acquisition of the software business of Hewlett Packard Enterprise.

Geo-Location Counsel

We advise clients on legal requirements related to the collection, use, and disclosure of precise geo-location data, including the appropriate notices, consents (both opt-in choice and methods for withdrawing consent), and contractual provisions.

Recovery for Data Security Breaches

Our top-ranked insurance practice has successfully handled the recovery under insurance coverage policies for several of the largest documented data security breaches.

Global Legislative and Regulatory Counsel

We help clients engage with policymakers developing IoT regulatory frameworks in jurisdictions worldwide. We have assisted clients with IoT products or services in identifying relevant legislative and regulatory developments, drafting and submitting comments on proposals to regulate IoT technologies, and lobbying policymakers on these issues. We monitor developments in jurisdictions across the world.

Emerging IoT Government Contracts Standards

We monitor and advise clients on legislation and regulations that affect IoT-related government contracts. For example, we track legislation that would require the development of contractual IoT security standards for IoT devices purchased from government contractors. We also advise on IoT best practices for government contractors.

Export Controls Compliance Advice

We represented vehicle manufacturers in assessing export controls requirements applicable to vehicle engine monitoring and diagnostic tools. We also represented a consumer goods company in evaluating the export controls and economic sanctions requirements applicable to supply-chain sensors used in packaging.

Sanctions and Antiboycott Advice

We regularly advise companies across sectors on complying with U.S. and EU economic sanctions and U.S. antiboycott measures, which can be relevant to a range of international transactions.

$2.7 Billion Sale of NXP Semiconductors’ Standard Products Business

Represented NXP Semiconductors before CFIUS in the $2.7 billion sale of its Standard Products Business to Beijing Jianguang Asset Management Co and Wise Road capital.

Corporate Culture Investigation for Uber Technologies, Inc.

Led a three-month investigation into the corporate culture at Uber Technologies Inc. following a blog post by a former Uber engineer that alleged that the company’s work culture was biased against women and that managers ignored sexual harassment complaints. The process included more than 200 interviews with current and former employees, and resulted in a set of recommendations approved unanimously by the board that subsequently were released publicly.

Independent Investigation for Choate Rosemary Hall

Conducted an independent investigation of historic adult sexual misconduct for Choate Rosemary Hall school. Covington’s report was released to the media and covered extensively.

Investigation into Sexual Misconduct for Prestigious Private School

Represented a prestigious all-girls private school in an investigation focused on sexual misconduct that was the subject of significant press.

Genworth Financial’s $2.7 billion acquisition by China Oceanwide

Supplier Human Rights Management

Assisting a leading life science company on their supplier audit protocols governing employment, environmental, and health and safety protections across multiple jurisdictions.

Six-Year Dispute with DOJ Ends with Declination

Our client, a major aerospace manufacturer, was accused of misrepresenting key facts to a government agency, resulting in the agency's decision to move forward with a rocket launch that eventually failed. The client enlisted Covington’s representation in what ended up being a six-year, high-stakes dispute with DOJ. Our compelling presentation and mastery of the details bolstered our arguments, and DOJ ultimately advised it would not pursue a False Claims Act case against the company.

Abbott Laboratories de-merger

We represented Abbott Laboratories in connection with its global spin-off of its pharmaceutical research business, and creation of a new global enterprise, AbbVie.

$9.5 billion proposed acquisition of the New York Stock Exchange

Represented Deutsche Börse in its proposed $9.5 billion acquisition of the New York Stock Exchange. The transaction was subsequently terminated on EU antitrust grounds.

50 state pay-to-play survey

We offer a subscription service that provides clients with updates on pay-to-play laws in all 50 states.

$3 billion CNOOC investment in Chesapeake Energy

Represented China National Offshore Oil Corporation Ltd. (CNOOC) in separate investments in the Eagle Ford and Niobrara shale properties held by Chesapeake Energy.

$220 Million Acquisition of Align Aerospace

Represented Align Aerospace in its acquisition by a subsidiary of Aviation Industry Corporation of China (AVIC), the Chinese state-owned aerospace and defense company, in a transaction worth $220 million.

$15 billion acquisition of Nexen by CNOOC

$1 Billion Breach-of-Contract Recovery

Obtained what is likely the largest single award in the 150-year history of the Court of Federal Claims: a $1 billion judgment on behalf of 11 plaintiffs in claims against the U.S. government seeking monetary recovery for the government’s breach of contract. The award was affirmed by the Federal Circuit.

$1.75 billion divestiture of IBM’s personal computers division

Represented IBM in the $1.75 billion sale of its personal computers division to Lenovo.

$750 million Dassault Systèmes acquisition of Accelrys

Secured CFIUS approval for Dassault Systèmes in its acquisition of Accelrys, whose customers included the U.S. Department of Defense and the leading U.S. nuclear laboratories, in a transaction valued at approximately $750 million.

Tax-efficient acquisition vehicles

Helped a leading global fund-of-funds sponsor with benefit plan investors acquire several large portfolios of European private equity interests. Working with corporate lawyers in our London and New York offices, we designed tax-efficient acquisition vehicles that complied with ERISA and avoided potential fiduciary and plan asset concerns.

Strategic advice to companies facing foreign investment challenges

A global U.S. manufacturing company asked us to develop a range of strategies to protect its investment in Venezuela.

Strategic Advice on the Adoption of EU Energy Efficiency Requirements

Regulatory and strategic advice to a large manufacturer of electronic equipment on EU procedures for adoption of energy efficiency requirements on sound and imaging equipment under the ErP Directive.

We provide strategic advice and advocacy support before the Congress to a prime U.S. subsidiary of a non-U.S. defense contractor on matters involving ground combat vehicles.

State Super PAC

Advise major state Super PACs in New York, New Jersey, and Pennsylvania on campaign finance and tax-exempt organization law issues.

State of Louisiana

We assisted the State of Louisiana in securing amendment in the Patient Protection and Affordable Care Act to modify federal matching funds to reflect impact of Katrina on the State’s per capita income.

State lobbying registration laws

Advise several major hedge funds on campaign finance and lobbying compliance issues, including state lobbying registration laws.

State and local Super PAC

Provide election law and tax-exempt organizations law advice to a Super PAC operating at the state and local level in Illinois.

Special reports related to the European Securities and Markets Authority consultation process

Prepare special reports for FIA and FIA Europe related to the European Securities and Markets Authority consultation process for the implementation of Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation.

Strategies and Comments on EPAs Proposed Emissions Regulation

Advise client on development strategies and comments related to the U.S. Environmental Protection Agency’s proposed rulemaking to regulate power plant greenhouse gas emissions.

Strategy for Members of Industry Federation to Challenge Advertising Ban Imposed by EU Directive

Developed a litigation strategy for several members of an industry federation to challenge an advertising ban imposed by an EU directive for violations of the free speech provisions of Article 10 of the European Human Rights Convention.

Tax and fiduciary issues relating to VEBAs

Resolved tax and fiduciary issues in connection with the proposed consolidation of more than $1 billion in assets held in separate voluntary employees’ beneficiary associations (“VEBAs”).

Superfund Site Deletion from National Priorities List

Advise client and advocate to EPA that a Superfund site should be partially deleted from the National Priorities List.

Superfund Site Advice for Aerospace Company

Represented an aerospace company at 5,000 acre Superfund site in California involving VOCs, perchlorate and NDMA, including negotiating consent decree for completion of investigations, advice on remedy issues, and negotiating with water entities over replacement water supply claims.

Client with Obtaining UK Merger Clearance

Representation of a client in connection with obtaining UK merger clearance for the sale of a UK cable business.

Congressional testimony advice for cable programming company

We advised an independent lifestyle programming channel on the effects of a potential Comcast/Time Warner Cable merger and assisted them in communicating their concerns to Congress and relevant federal agencies, including the Department of Justice, and the FCC. Covington’s work led to the channel’s then-CEO testifying before the Senate Judiciary Committee.

Criminal investigations of automotive manufacturers

Represent several Japanese and European manufacturers of automotive parts in investigations of alleged anticompetitive activity.

Credit Suisse AG in connection with Federal Reserve Board Investigation and Consent Order

Representing Credit Suisse AG in connection with Federal Reserve Board investigation and Federal Reserve Board Consent Order to Cease and Desist and Assessment of Civil Money Penalty with respect to allegations that Credit Suisse assisted U.S. taxpayers with opening of foreign accounts to avoid required U.S. tax reporting and related matters—and in connection with implementation of requirements of the Order.

Counsel to the Super PAC supporting President Obama’s re-election

Served as counsel to one of the most significant Super PACs in the 2012 presidential election campaign, which succeeded in raising and spending over $75 million.

Counsel to Fortune 50 retailer

We provide a broad range of political advice to a major consumer-facing retailer active in federal, state and local elections.

Advising Borrego Solar Systems, Inc. on a variety of corporate, financial and operational matters in a dynamic and rapidly changing solar market. Borrego is one of the oldest and largest solar integrators in California with over 25 years of experience. We counseled Borrego on tax, regulatory and corporate matters related to power purchase agreement, engineering procurement and constructions contracts, operations and maintenance contracts and site access agreements on more than 30 projects.

Copyright reform advice for consumer electronics companies in the EU

We have advised leading consumer electronics companies in the in EU in proceedings to consider possible reform of national rules on copyright levies.

Copyright and Fair Use Advice and Counseling to Publishers

Provide general copyright and fair use advice and counseling to publishers such as the National Geographic Society, the Washington Post Company, and Zomba Music Publishing, to various television broadcast stations, and to a number of leading online business and media ventures including The Microsoft Network, USA Interactive, and the National Football League. Covington is also special intellectual property counsel to the Smithsonian Institution.

Coordinating Counsel in Asbestos Cases

Serve as coordinating counsel for manufacturing company regarding its asbestos cases.

Consumer Products Manufacturers and Sellers on Advertising Matters

Advised major content providers, including sports leagues and television programmers and operators, on broadcasting, online and digital media advertising trends.

Congressional action on organic product marking

We helped a trade association obtain congressional reversal of a crippling federal court decision that would have compelled removal of the USDA seal from approximately 90 percent of organic products and that would have likely resulted in a market loss of nearly $1 billion in the first year after the ruling.

Client in Financing National Wireless Telecommunications System

Representation of a client in financing a national wireless telecommunications system in India.

ChemGen Corp. Merger with Eli Lilly

Advise ChemGen in its merger agreement with Eli Lilly. The client became a wholly-owned subsidiary of Eli Lilly and an operating unit of Elanco, the animal health division of Eli Lilly.

Covington successfully represented the American Petroleum Institute, Independent Petroleum Association of America, U.S. Oil & Gas Association, and International Association of Drilling Contractors in a lawsuit seeking to block a federal program which provides the basis for all oil and gas leasing in offshore federal waters. The D.C. Circuit ruled that the Government had rationally and appropriately balanced the environmental, social, and economic values at stake in proceeding with the leasing program.

Celestial Pictures on PRC Regulatory Issues

Advised Celestial Pictures on certain PRC regulatory issues in connection with the formation of Celestial Tiger Entertainment, the joint venture Celestial formed with Lionsgate and the Saban Capital Group in late 2011.

Celestial Pictures on Intellectual Property Issues

Copyright and IP advice to Celestial Pictures, the owner of the Shaw Brothers library, the largest Chinese-language film collection in the world.

CBSInteractive in Various Service Agreements

CBSInteractive in various service agreements for digital media, wireless, and advertising services.

CBS Corp. v. FCC.

Covington successfully represented CBS against a threat by the FCC to make hundreds of thousands of pages of highly confidential programming contracts and negotiation materials available to hundreds of third parties. The D.C. Circuit ruled in favor of CBS, stating the FCC’s decision was “both substantively and procedurally flawed.”

Carlyle Group Acquisitions

Represented the Carlyle Group in various matters, including its acquisition of Veritas Technologies (with a co-investment by Government of Singapore Investment Corporation) and the sale of Landmark and Standard Aero to Dubai Aerospace International.

Represent Comverge, Wal-Mart and Leggett & Platt, large commercial and industrial electricity consumers, before FERC in a matter involving the formation of a capacity market in the Midwest Independent Transmission System Operator (MISO). We intervened in the matter and pressed arguments for the broadening of the MISO capacity market proposal.

Calpine Acquisitions

Calpine and its subsidiaries in a $600 million acquisition of SkyGen Energy, and a $450 million acquisition of Cogeneration Corporation of America, each a developer, owner, and operator of independent power projects.

Chevron FEC enforcement matter

Obtained dismissal of an FEC complaint against Chevron alleging contributions to a Super PAC were illegal under the federal law banning political contributions by federal government contracts.

Cheyenne Plains Open Season Enforcement Investigation

Represent an oil and gas producer in FERC's enforcement investigation regarding the Cheyenne Plains Open Season and in a resulting settlement.

Clean Water Act Section 404

Clean-Up at Vieques Bombing Range

Represent the Commonwealth of Puerto Rico in the clean-up of unexploded ordnance (UXO) at Vieques bombing range.

Clean Air Act Compliance Advice

Advice to petroleum refiner on various compliance issues in connection with Clean Air Act rules that apply to refineries and associated facilities, including NSPS, MACT, and other issues.

Clean Air Act Advice to Overseas Electricity Generator

Advise overseas electricity generator regarding Clean Air Act and renewable energy developments in the United States in connection with potential strategic investments in the US electricity sector.

Class action FLSA consent judgment

Negotiated on behalf of a major health care network a class action FLSA consent judgment with the U.S. Department of Labor relating to overtime that avoided liquidated damages and civil money penalties while foreclosing any private right of action.

Citibank, N.A., and Citigroup in connection with OCC and Federal Reserve Consent Orders

CIA Sales and Marketing Compliance

Review of device sales and marketing compliance policies in accordance with a Corporate Integrity Agreement.

China Regulatory and Compliance

Conducting a compliance risk assessment of the China operations of a global auto parts company, including overseeing forensic transaction review, and interviews of more than 60 employees at facilities in mainland China and Taiwan.

China Regulatory and Compliance

Conducting internal investigation on behalf of a multinational pharmaceutical company into whistleblower allegations of corruption at its Chinese subsidiary.

China pharma bribery investigation

Representation of a major pharmaceutical company in its response to a Chinese government commercial bribery investigation in China.

Cross-border trade, anti-corruption, and data compliance

Advising a major petrochemical company regarding its establishment of an integrated compliance program, with particular focus on the areas of U.S. and European trade controls, anti-corruption, and data privacy. Our representation includes assistance with establishing a corporate compliance office, assessing risks in these areas, drafting the necessary policies and procedures tailored to company risks and operations, and implementing the program through training and assessment.

China Online Drug Information Regulation

Advise multinational company on regulation of online information on drugs, devices, and food products in China.

China media and entertainment

Providing legal advice to a subsidiary of Legendary Pictures as China production counsel for “Great Wall,” to be directed by Zhang Yimou and possibly the largest budget picture ever to be produced in China.

China media and entertainment

Advising major Hollywood studios on film projects in China.

China life sciences transactional

Advising a leading multinational pharmaceutical company on the acquisition of diabetes drug assets in China and the transfer of related employees from a multinational drug company.

China life sciences transactional

Representing a leading U.S. pharmaceutical company to set up a joint venture in China with a Chinese biotech company to research, develop and commercialize a late-stage clinical product for the Asia market.

China licensing and joint venture

Advising a U.S. biotech company on its sino-foreign joint venture with a Chinese life sciences company to focus on RNAi-based drug discovery, and related license agreement.

China licensing and collaboration

Advising a leading multinational pharmaceutical company on its agreement with a Nasdaq-listed drug manufacturer to develop and market its linaclotide capsule in China.

Represent China Investment Corporation in successfully obtaining orders from FERC and the New York PSC approving its acquisition of a 15% interest in AES Corporation.

China Investment Corporation Purchase in AES Corporation

China Investment Corporation (CIC), a large sovereign wealth fund created by the People's Republic of China, on FERC and state (NY) energy regulatory issues with respect to its purchase of a 15% share in the AES Corporation, a large independent power producer of international scope with significant US electricity generation assets. Covington secured all necessary approvals for this transaction.

China Filmed Entertainment in production, financing, and distribution arrangements for films including The Painted Veil, Forbidden Kingdom, and Crazy Stone; and Season 15 of CBS/Mark Burnett’s Survivor (shot entirely in China).

China Device Regulatory and Clinical Trial Advice

Advise large device company on regulatory requirements for clinical trials of medical devices in China.

China Biopharmaceutical Regulatory and Legal Strategy

Counseling leading multinational biopharmaceutical company in doing business in China, including setting and executing on the regulatory and legal strategies for engaging in drug R&D, manufacturing, and sales and marketing.

China Medical Device Acquisition Due Diligence

Conducting due diligence on China device regulatory matters for a large multinational device company’s acquisition of a large Chinese device company.

Verscend’s Acquisition of a GDIT Business

Represented Verscend Technologies as regulatory counsel in its acquisition of General Dynamics IT’s commercial health insurance payer-focused products. We handled government contracts matters for Verscend.

AI Data Privacy

Advising AI providers on the privacy implications of collecting and using large datasets of consumer data (including text, voice, and biometric information) to develop, train, and improve their AI solutions.

Smart Home Device Privacy and Security Advice

We assist IoT device manufacturers on privacy issues specific to their products. For example, we advised the manufacturer of a smart in-home assistant device on privacy and security matters involving the collection of voice and other data.

Rio Tinto and Intalco Aluminum Corporation in Superfund Matters

Representation of Rio Tinto and Intalco Aluminum Corporation in litigation and negotiations concerning Superfund remediation and natural resource damages at various mine sites in the U.S. and Canada, including Holden Mine, Blackbird Mine and Britannia Mine.

Presidential Order Protecting Qualcomm from Hostile Takeover

Secured a U.S. Presidential order compelling Broadcom Limited to “immediately and permanently abandon” its proposed hostile takeover of Qualcomm, Inc. The order was based on findings by CFIUS that Broadcom's takeover "threatens to impair the national security of the United States."

Settlement in Federal Trade Secrets Case

In a trade secrets case relating to a $2B classified procurement, convinced the court to dismiss all but one claim asserted by the plaintiff against its former employee, our client. The plaintiff then dismissed the remaining claim with no payment by our client.

Dismissal of Severance Claims Asserted in Africa

Representation of a government contractor client sued in Rwanda by a former employee; obtained dismissal of all claims with no payment by client.

Confidential Settlement in "Switching Sides" Case

Represented several defendants against claims of breach of fiduciary duty, trade secret misappropriation, and patent infringement asserted by their former employer.

Bacardi Transaction

Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion.

Significant Privacy Case before the Irish High Court

The Irish High Court referred the validity of the Standard Contractual Clauses used as a basis to transfer data and specifically whether they are compatible with the EU treaties to the EU Court of Justice. This is an amicus brief where we will appear on behalf of our client alongside the U.S. Government in making submissions before the EU Court of Justice.

EU and U.S. Food Regulatory Requirements and Approvals

Advising a range of Irish companies on EU and U.S. food regulatory requirements and compliance.

NICE Challenge for Irish Biopharmaceutical Company

Advised the wholly owned Irish subsidiary of a major U.S. biopharmaceutical company on a negative recommendation from the UK's NHS reimbursement from the National Institute of Health and Care Excellence (NICE) on a treatment for obesity and an appeal against it.

Wireline Competition Before FCC for Client TDS Telecom

Representation of TDS Telecom on a range of wireline issues before the FCC, including universal service, ETC regulation, intercarrier compensation and CALEA. We represent the world’s largest independent directory assistance providers on a range of issues before the FCC, including retail competition.

Children's Online Privacy Protection Act

Advised operators of child-directed websites and services on strategies for communicating their child-directed nature to third-party advertising partners in connection with the revised COPPA Rule, and agency inquiries.

"Flushable Wipe" Litigation and Investigations

Advance Ad Review

Advising consumer products companies on a variety of claims, such as "Made in USA," green claims, and "new."

JPMorgan Chase Credit Card Class Actions

Represented JPMorgan Chase in numerous consumer class actions and attorney general representative actions on various practices relating to credit cards.

“New” product advice

Advising remanufacturers and refurbishers of consumer products as to FTC and state law regulating their ability to describe products as “new.”

FTC enforcement

Represented a third-party advertising service in responding to an inquiry by the FTC into the company’s technology for selecting and delivering online advertising. Mmatter was resolved without any formal enforcement action.

Fax Business Coalition Advocating FCC to Amend Rules

Representation of a coalition of 600 companies and trade associations advocating the FCC to amend its rules to enable business to use faxes to contact their customers. When Congress adopted a law allowing those faxes, we represented the coalition before Congress on implementing this law.

Oxycontin Litigation

Representation of Purdue Pharma in class action litigation in multiple states alleging violations of consumer protection laws in the marketing of OxyContin.

GSK DOJ pharmaceutical investigation

Represented GlaxoSmithKline (GSK) in resolving a complex criminal and civil investigation by the United States Department of Justice. The multi-faceted investigation had a broad focus, including issues relating to GSK’s sales and marketing practices for numerous products, its regulatory submissions relating to Avandia, and the company’s use of the nominal price exception under the Medicaid Rebate Program.

WASHINGTON—Jason Everett has joined Covington in its Public Policy practice. Mr. Everett’s arrival follows the recent additions of former U.S. Senator Jon Kyl, Broderick Johnson, and Samantha Clark to the firm’s Public Policy practice.
At Covington, Mr. Everett will provide regulatory and legislative advice and advocacy to clients in a range of industries, ...

John Veroneau discussed the U.S.-China trade negotiations and what would be needed to make a deal. He speaks on Bloomberg Daybreak: Asia. Regarding a delay in U.S. imposed tariffs on China, he says, “I don’t think it’s inevitable, but I think it’s likely.”

Trisha Anderson is quoted in Global Data Review regarding developments in cryptography. Ms. Anderson says that though the report “sounds a gloomy note,” she is optimistic that cryptography will keep pace with developments in quantum computing. She adds that we have to “assume that adversaries are collecting encrypted data that they could decrypt in the future. ...

Susan Cassidy and Ian Brekke are quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors.
Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said ...

New York— Jay Ireland has joined Covington as a senior advisor in New York.
Mr. Ireland has nearly four decades of senior executive experience across a number of industry sectors, including telecommunications and media, healthcare, energy, financial services, and manufacturing. Most recently, he served as President and CEO of GE Africa, where he was responsible ...

WASHINGTON—Samantha Clark has joined Covington in its Public Policy, CFIUS, and Government Contracts practices in Washington. Ms. Clark’s arrival follows the recent additions of former U.S. Senator Jon Kyl and Broderick Johnson to the firm’s Public Policy practice.
Ms. Clark provides advisory and advocacy support to clients facing policy, political, and ...

Juve covered the arrival of Horst Henschen as a member of the firm’s Antitrust practice in Frankfurt. Juve called Covington “a respected player in merger and antitrust investigations in both the US and Brussels” and highlighted Mr. Henschen as “well connected in the antitrust scene in Frankfurt.”

Francis Maude appeared on Bloomberg Daybreak Europe to discuss the future of Brexit after the no-confidence vote. Mr. Maude believes Theresa May will have to accept her country will remain in the European Customs Union among other concessions. He also told Daybreak Europe that Britain’s negotiations with the EU were constrained by the red-lines Theresa May will ...

The Beat DC covered Broderick Johnson’s move to Covington’s Public Policy practice. Mr. Johnson shared, “With the Democratic party assuming control of the House, companies across a spectrum of industries will face new challenges advocating for their legislative agendas and responding to congressional inquiries. Covington is well positioned to represent those ...

Anne Termine is quoted in Bloomberg Law regarding the Commodity Futures Trading Commission’s enforcement of cryptocurrency coming to a halt with the government shutdown. Ms. Termine says, “It’s an agency working at 10,000 feet right now.” She adds that an extended shutdown could impact the agency’s preparation for oral arguments. “In litigation, March is around ...

WASHINGTON—Law360 has named Covington as one of its 2018 “Firms of the Year” for earning seven Practice Group of the Year awards.
The Covington practices named 2018 Practice Groups of the Year are:
Banking
Government Contracts
Insurance
International Trade
Product Liability
Sports
White Collar
"We have followed ...

Law360 covered Karen Solomon’s move to Covington from The Office of the Comptroller of the Currency. Ms Solomon, who served as the OCC’s acting senior deputy comptroller and chief, counsel, told Law360 that she’s happy to be working in the private sector after an entire career spent in the government.
“It seemed like the right time to try something different,” ...

David Martin is quoted in Reuters regarding the partial U.S. government shutdown’s effect on corporate executives’ decisions on proxies. Mr. Martin said corporate clients are already calling with questions and the pace will ramp up as deadlines loom to mail out proxies. He says, “A lot of the public companies are beginning to wonder about this and worry about ...

WASHINGTON—Former U.S. Senator Jon Kyl has re-joined Covington in its Public Policy practice. Senator Kyl will focus on matters of policy and strategy for the firm’s clients.
“We are extremely proud of Jon’s service to the country and the people of Arizona and delighted that he has rejoined us,” said Timothy Hester, Covington’s chair. “Given his profile and ...

WASHINGTON—Broderick D. Johnson has joined Covington in its Public Policy practice in Washington.
Mr. Johnson is a public policy and political strategist with more than three decades of leadership at the highest levels of government and the legal profession. He provides strategic leadership advice and counsel to clients on legislative, regulatory, legal, and ...

Michael Nonaka is quoted Bloomberg Law regarding the Office of the Comptroller of the Currency’s 2019 revamped rules for banks’ community investments. Mr. Nonaka says, “It’ll be interesting to see what the next step is in the rulemaking process, and that will reveal whether there are these differences.” He said the agencies are likely to come together on some ...

BEIJING—The American Chamber of Commerce in the People's Republic of China (AmCham China) has elected Tim Stratford, managing partner of Covington’s Beijing office, as Chair of the Board of Governors for 2019. He previously served as chair from 2000-2001.
Mr. Stratford practice is focused on advising international clients doing business in China and assisting ...

NEW YORK—Billboard honored Jacqueline Charlesworth at its annual Women in Music event as one of its "Women in Music 2018 Executive of the Year," recognizing her as one of "four powerhouse females” for her leadership in spearheading the passage of the Music Modernization Act, which was signed into law earlier this year. This marked the first time Billboard has ...

WASHINGTON—The Hill has named Covington’s Howard Berman, Holly Fechner, Muftiah McCartin, and Bill Wichterman to its annual “Top Lobbyists” list. The list recognizes the most distinguished and accomplished professionals from the influence world who are on the front lines of the nation’s most consequential political and policy battles.
First elected to Congress ...

WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals.
The Covington lawyers recognized as Law360 MVPs are:
Shara Aranoff, International Trade. Ms. ...

WASHINGTON—The American Lawyer has recognized Covington partner Eric Holder in its 2018 “Lifetime Achiever” series, which honors lawyers who have reached the highest levels of the public and private spheres—and left an indelible mark every step of the way.
The article highlights Mr. Holder’s legal career and his “desire to make America more fair and equal.” Mr. ...

Terrell McSweeny is quoted in Law360 regarding being named a distinguished fellow at Georgetown Law's Institute for Technology Law & Policy. Ms. McSweeny says, "I am thrilled to join the important discussion on technology law and policy at the Institute. As an alum, I am looking forward to contributing to the excellent work Georgetown Law School [is] doing ...

BRUSSELS—Alexis Lautenberg has joined Covington’s Public Policy practice as a Senior Advisor.
Ambassador Lautenberg is a long-serving Swiss diplomat whose career has been focused on European financial services and trade policy. His forty years of public service included postings as Swiss Ambassador to the EU, Italy and the UK. In 2013, he co-founded the Swiss ...

Paul Schmidt has been named a 2018 Product Liability MVP by Law360. The publication highlights a significant appellate victory in the New Jersey Supreme Court for his client Hoffmann-La Roche as well as multiple trial wins in other pharmaceutical cases.

Randy Benjenk is quoted in International Financial Law Review regarding the Federal Reserve’s recent proposals to the financial system. He says, “By narrowing the application of the advanced approaches to just the biggest banks, it could give the agencies a little bit more freedom to do things like implement Basel IV standards, because there are fewer banks to ...

WASHINGTON—Covington has helped achieve a legislative victory to advance pro-innovation policies and to further study issues of underrepresentation in inventing by women, persons of color, and veterans when Congress enacted H.R. 6758, the Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act into law, which the President has now ...

John Veroneau is quoted in the Washington Post regarding the Administration’s use of potential tariffs on imported vehicles as threats in trade negotiations. Veroneau says, “The administration may view the threat of tariffs as more potent than actually imposing them. Unlike tariffs on intermediate goods, tariffs on autos will be very visible to consumers from ...

WASHINGTON—Forbes has named Covington’s Lauren Moxley to its “30 Under 30” list for law and policy. This annual recognition honors 30 people under 30 who are “the new frontier of politicians, legal entrepreneurs and attorneys.”
Ms. Moxley represents clients in privacy matters, with a focus on electronic surveillance and law enforcement access. She was part of ...

NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America. In addition to this honor, Latinvex has recognized Covington as the top firm for Trade, among the top five for FCPA & Fraud, as well as for Arbitration, and among the top ten for Corporate/M&A.
Covington’s Latin America practice draws on a dedicated team ...

John Veroneau is quoted in Law360 regarding whether Democrats in the House of Representatives will support the Administration’s new U.S.-Mexico-Canada Agreement, which includes a tightening of the agreement’s automotive rules of origin and a tethering of automotive tariff benefits to a $16 minimum wage. Mr. Veroneau says, “While the agreement includes much of ...

Lee Tiedrich spoke with Legaltech News regarding a recent survey on the legal and regulatory risks of artificial intelligence. Ms. Tiedrich suggested clients take a global perspective when assessing what laws are relevant to a particular AI program. She notes that artificial intelligence is not limited to a single jurisdiction, and clients should seek advice on ...

Sergio Urias participated in the “Latin Lawyer Live 9th Annual Private Equity Conference,” where he discussed regulatory and corporate issues, and is quoted in Latin Lawyer.
Commenting on FIRRMA, Mr. Urias says, “This results in the most complex investment trade and transactional environment in many years and it won’t go away.” Although he thought FIRRMA will ...

NEW YORK—Billboard has named Jacqueline Charlesworth and Jonathan Sperling among its “2018 Top Music Lawyers.” This annual list recognizes the music industry’s leading lawyers in fields including talent representation, music publishing, streaming, and litigation.
Recognized in the Music Publishing category, Billboard highlights Ms. Charlesworth’s work on ...

Timothy Stratford is quoted in Bloomberg regarding the impact of the “Made in China 2025” plan on economic relations with the United States. Mr. Stratford says, “It was kind of a lightning rod that really made clear what people were concerned about. The breadth and the specificity seemed to put the last nail in the coffin."

Christopher Chen spoke with BioWorld MedTech regarding China’s move to regulate e-health care services. Mr. Chen says, “The rules make open channels for other e-health care collaborations. Med-tech companies and private health care companies may be able to participate in health care practice as a collaborator in an e-hospital. The promulgation of these rules ...

David Fagan is quoted in The National Law Journal regarding a CFIUS pilot program which will require short-form notices of foreign investments involving critical technology in 27 industries, including defense, telecommunications and metal production. The pilot program could bring an unprecedented number of transactions under the purview of CFIUS.
Mr. Fagan ...

Michael Nonaka is quoted in International Financial Law Review regarding the potential modernization of the Community Reinvestment Act of 1977. Mr. Nonaka says, “It’s important to make sure that with new innovative technologies and people using smartphones and the internet to connect with banks, that all those services are tracked for purposes of CRA premise. ...

The Diplomat featured David Fagan in a Q&A regarding the effects of the Foreign Investment Risk Review Act of 2018 on U.S.-China commercial relations. Mr. Fagan noted the national security rationale of the new law, how U.S. companies should incorporate FIRRMA into their deal making, and how FIRRMA will affect U.S. companies seeking to attract foreign direct ...

Global Competition Review featured the results of a joint survey conducted by Covington and the Brussels School of Competition on immunity and leniency applications. The survey revealed the majority of competition experts questioned did not see a decline in leniency applications in the past five years, and more than 60 percent expect the overall success of the ...

Daniel Cooper spoke with The Law Society Gazette regarding a UK Court of Appeal decision that could make employers vicariously liable for employees’ actions even if they had taken preventative steps and bore no criminal responsibility.
Mr. Cooper said the employer should bear the enterprise risk and assume liability for the actions of its employees, as long as ...

BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.”
The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments.
Ms. Ran is one of the few China-based lawyers who focus on ...

WASHINGTON—The Thomson Reuters Foundation has named Rick Longton its “TrustLaw Lawyer of the Year.” The award recognizes the commitment demonstrated in supporting pro bono clients over the last year on projects undertaken through TrustLaw, Thomson Reuters Foundation's global pro bono program that connects high-impact NGOs with law firms and corporate legal teams ...

Randy Benjenk is quoted in Law360 regarding the uncertainty surrounding how many fintech firms will apply for special-purpose charters from the OCC. Mr. Benjenk says, “The question is whether the benefits of the charter will outweigh its burdens and the risks involved. I think you’ll see some fintechs conclude that, if they’re going to be regulated like a bank, ...

LOS ANGELES—The Daily Journal has named Covington partner Mitch Kamin among its “Top 100 Lawyers” in California. The Top 100 are selected for making a significant impact on their practice area, the legal industry or the larger society.
Mr. Kamin is the co-chair of Covington’s Commercial Litigation Practice and represents global media, entertainment and other ...

WASHINGTON—The National Law Journal has named Covington's Michael Nonaka to its inaugural list of "Cryptocurrency, Blockchain, & Fintech Trailblazers." This list profiles 50 lawyers who have "moved the needle" and are making great strides as finance and technology grow more entwined.
Mr. Nonaka is co-chair of the firm’s Financial Services Group and advises ...

Robert Kelner is quoted in The National Law Journal regarding the Justice Department’s aggressive enforcement of the Foreign Agents Registration Act and the reaction from lawyers. Mr. Kelner says, “The problem with FARA is that it’s a woefully vague statute. It’s arguably unconstitutionally vague.”

Lindsey Tonsager is quoted in the San Francisco Business Times regarding California’s new cybersecurity bill regulating internet-connected devices. Ms. Tonsager believes the vagueness of the “reasonable” standard makes the law flexible. She says, “It’s really helpful that the legislation acknowledges flexibility in identifying which standards are reasonable. ...

JOHANNESBURG — Robert Kayihura has joined Covington as a senior advisor in Johannesburg.
Mr. Kayihura has nearly two decades of experience advising clients across the African continent. Drawing on his experience as an entrepreneur and advisor to large, global corporations including Microsoft and Uber, he works closely with corporate decision-makers, federal ...

BEIJING — Global Data Review has named Covington’s Yan Luo to its inaugural “40 Under 40” list, recognizing the 40 individuals who represent the best and the brightest of the data law bar around the world.
Based in the firm’s Beijing office, Ms. Luo advises clients on a broad array of regulatory matters in connection with data privacy, international trade, ...

Timothy Stratford is quoted in the South China Morning Post regarding current trade tension between the U.S. and China. Mr. Stratford points to systemic differences between the two countries as a point of contention. He says, “Now that this new round of tariffs is being imposed by both sides, the most realistic goal for our countries to focus on next would be to ...

Timothy Stratford is quoted on CNN regarding escalating trade tensions between the U.S. and China. Mr. Stratford says, “They don't want to add to the incentive of American companies to be looking at investing elsewhere and to source products elsewhere. "It's a very difficult policy decision on China's part to find just the right touch to do this.” He adds, "They ...

Robert Kelner is quoted in a Politico story about the potential impact of foreign lobbying overhaul by Congress. Commenting on the potential for forcing companies with U.S. subsidiaries to disclose every lobby contact, Mr. Kelner said it “is going to do very little to shed light on foreign lobbying activity.” He adds, “It’s just going to create a lot of ...

Timothy Stratford spoke with CNN Money regarding U.S. tariffs on Chinese imports and China’s plan to retaliate. Mr. Stratford says, "China is growing concerned that the US motivation is now trying to keep China down and contain it. I expect that we're going to have a deadlock for some time."

Lindsey Tonsager is quoted in Law360 regarding California’s newly enacted rules mandating security features for internet-connected devices. Makers of IoT devices will be required under Senate Bill 327 to equip products with "reasonable security features." Ms. Tonsager says, "The 'reasonable security' standard is quite flexible, which is good when operating in a ...

Louise Freeman spoke with Legal Business regarding the latest trends in disputes. She highlights the growing potential for litigation from the rise in cyberattacks impacting major companies. Ms. Freeman observed ‘The UK courts are increasingly adapting to deal with this kind of litigation,’ and points to the Clarkson v Person or Persons Unknown High Court case ...

Terrell McSweeny is quoted in Am Law Litigation Daily regarding her move to the firm. “I am excited to join a firm that is well positioned to guide clients through the increasingly complex global antitrust, cybersecurity and consumer protection landscape,” said Ms. McSweeny.

WASHINGTON— Terrell McSweeny has joined Covington as a partner in the Antitrust and Competition Law and Data Privacy and Cybersecurity Practice Groups in Washington. Ms. McSweeny most recently served as a Commissioner at the Federal Trade Commission.
Ms. McSweeny has held senior appointments in the FTC, Department of Justice, White House, and United States ...

Deborah Garza is quoted in The National Law Journal regarding Terrell McSweeny joining the firm. Ms. Garza says, “Having served both at the FTC and in the Antitrust Division, Terrell has an exceptionally broad base of experience to draw upon in helping clients understand and manage the antitrust enforcement, privacy, and data security issues. She also has ...

Terrell McSweeny and Deborah Garza are quoted in Global Competition Review regarding Ms. McSweeny’s move to the firm. Ms. McSweeny says that Covington is a “wonderful fit” due to its bench of former DOJ and FTC lawyers. She added that it will be good to work with colleagues who have had similar experiences. Ms. Garza praised McSweeny’s excellent reputation and ...

Terrell McSweeny is quoted in Law360 regarding her move to the firm. Ms. McSweeny says, “I am very excited to be joining a terrific firm to deal with the global challenges of antitrust, cybersecurity and consumer protection.”

Eric Holder and Craig Pollack are featured in Commercial Dispute Resolution regarding the firm’s ambitions to be at the forefront of international dispute resolution. Mr. Holder and Mr. Pollack discussed managing complex disputes, diplomatic solutions, culture of collaboration, Brexit, and structure and strategy of a case.
Mr. Holder said in the interview, “We ...

Trisha Anderson and James Garland are quoted in Global Investigations Review regarding Ms. Anderson rejoining the firm. Mr. Garland believes Ms. Anderson will be a valuable asset to helping navigate the U.S. Cloud Act. He says, “Trisha has that ability to spot the pain points for both the clients and the government and help figure out a way forward. Sometimes ...

Melanie Ramey is quoted in Law360 regarding the General Data Privacy Law, Brazil’s new GDPR-inspired regulation. Ms. Ramey says, “It seems to be modeled off of the GDPR, but we don't know yet where the law will differ on the nitty-gritty."

Maree Gallagher is quoted in the Irish Examiner regarding Brexit’s impact on Ireland’s agri-food sector. Ms. Gallagher, also Chair of the British Irish Chamber of Commerce Agri-Food Committee, says, “The agri-food sector is Ireland’s largest indigenous industry employing around 250,000 people enabling €12.6bn in exports a year.” Ireland, who is a major source of ...

WASHINGTON—Trisha B. Anderson, an experienced national security and cybersecurity lawyer who has held senior positions at multiple federal agencies, has rejoined Covington as a partner in Washington. Ms. Anderson most recently served as Principal Deputy General Counsel of the Federal Bureau of Investigation, where she handled complex national security and cyber ...

Timothy Stratford is quoted in the South China Morning Post regarding the United States and European Union’s pressure on China to reform its economy. Mr. Stratford says of the Chinese state-led economic model, “The global trading rules are based on assumptions that market economies are more efficient than state-led economies and that countries benefit from the ...

The American Lawyer has recognized Eric Holder in its annual “Lifetime Achiever” series. The article highlights his esteemed legal career and his “desire to make America more fair and equal.” Mr. Holder sees this theme running throughout his career and says, “I get to do things that are consistent with what I think lawyers should be doing as change agents, while ...

Timothy Stratford is featured in a South China Morning Post article about his views on U.S.-China trade relations. Mr. Stratford says multinational companies with Chinese or U.S. operations have been caught in crossfire of the trade war between the nations. “What’s happening now is that the current deadlock is causing companies from both countries to rethink ...

The Trump Administration has released its final list of approximately $16 billion in Chinese imports that will be subject to an additional 25 percent ad valorem tariff, which will go into effect on August 23, 2018. The Administration has announced that it will provide an opportunity to request that "particular products" subject to the additional duties be ...

On August 6, 2018, President Trump issued Executive Order 13846 (the “Executive Order”) that re-imposes -- and to a limited extent broadens the scope of -- certain U.S. secondary sanctions targeting Iran that had been suspended in January 2016 pursuant to the Joint Comprehensive Plan of Action (“JCPOA”) with Iran.

On Friday, the Chief Judge of the United States District Court for the District of Columbia issued a surprise decision that vacated a Federal Election Commission regulation that since 1980 has guided disclosure of the funding of independent expenditures.

David Stein is quoted in Global Data Review regarding the U.S. Department of Treasury’s recommendation to introduce data protection regulations in the fintech industry. Mr. Stein suggested that such a law may have to be modeled on existing state-level legislation. He says, “There likely would be pressure to enhance existing federal data security laws that apply ...

We reported following the 2017 UN Forum on Business and Human Rights on the progress of an international treaty on the subject. On 19th July 2018, the Open-ended Intergovernmental Working Group (OEIGWG) presented the draft text of a treaty to the High Commissioner for Human Rights (through the Permanent Mission of Ecuador, acting as Chair in the process).

Companies doing business with state and local governments or operating in regulated industries are subject to a dizzying array of “pay-to-play” rules. These rules effectively prohibit company executives and employees (and in some cases, their family members) from making certain personal political contributions. Even inadvertent violations can be dangerous: A ...

Kevin Poloncarz spoke with The Recorder regarding his move to Covington. Mr. Poloncarz says, “Covington [is] renown for regulatory expertise in D.C. on federal matters, and that was very much a draw for me. I do environmental and energy work, and it is regulatory in nature, and so I really felt that was a great fit between my practice and the firm.” Mr. ...

SAN FRANCISCO— Kevin Poloncarz has joined Covington as a partner in its Energy Industry Group in San Francisco.
Mr. Poloncarz represents electric power, petroleum, and chemicals companies, financial institutions, and project developers on federal and state air quality regulation and carbon markets matters. He has been deeply involved in legal and regulatory ...

Michael Nonaka is quoted in Bloomberg Law on the fintech industry’s enthusiasm regarding the Treasury Department’s recommendation that Congress support the “valid when made” doctrine. Mr. Nonaka adds, “The [recommendation] shows that these issues are not going away and that the uncertainty created from a growing body of inconsistent court opinions isn't a stable ...

Michael Nonaka is quoted in Law360 regarding the Office of the Comptroller of the Currency accepting applications for special-purpose national bank charters from financial technology companies. Mr. Nonaka says it will be a while before any fintech firms operate as national banks, and they may ultimately decide the special purpose charter does not suit their ...

Wade Ackerman is quoted in Medtech Insight regarding the FDA’s software pre-certification program and what that means for device and digital health firms interested in getting new products to the market. Mr. Ackerman says, "The agency has been transparent in that it is considering various legal mechanisms available to the agency to establish the program – ...

SILICON VALLEY—Covington advised GlaxoSmithKline on its multi-year collaboration with and $300 million equity investment in 23andMe.
GSK will become 23andMe’s exclusive collaborator for drug target discovery programs. The collaboration will focus on research and development of innovative new medicines and potential cures using human genetics as the basis for ...

On May 24, 2018, China filled the top positions at the State Bureau of Film (Film Bureau) and State Administration of Press and Publication (SAPP). Both appointments fill vacancies created by the dismantling of the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) and continue apparent Communist Party of China (CPC) efforts to ...

Bart Van Vooren is quoted in The Telegraph regarding an extension of the Brexit deadline. According to Mr. Van Vooren, “For that to happen, Article 50 requires that the European Council decides unanimously on the extension in agreement with the UK.” Mr. Van Vooren added, “An extension is not likely if it will merely extend the painful process of the last 15 ...

LONDON—Global Investigations Review has named Covington’s Sarah Crowder to the second edition of “Women in Investigations,” highlighting 100 female practitioners from across the globe. Nancy Kestenbaum and Mythili Raman were selected to the list’s first edition in 2015.
The survey highlights a variety of women not previously recognized by the magazine—from ...

Randy Benjenk is quoted in a Risk article regarding U.S.-based branches of foreign banks experiencing a rise in total branch assets because they are exempt from the Federal Reserve's enhanced prudential standards for foreign banking organizations, such as requirements to set up intermediate holding companies (IHC), the Fed's annual stress test--the Comprehensive ...

In a significant and unexpected development, the U.S. Treasury Department announced yesterday that certain nonprofits — including trade associations and 501(c)(4) social welfare organizations — would no longer be required to disclose the names and addresses of their donors on the annual "Form 990" they file with the Internal Revenue Service.

Last night, the Office of the U.S. Trade Representative (“USTR”) released a new proposed list of $200 billion worth of products from China that could face an additional 10 percent ad valorem tariff. The list covers 6,031 product categories, including a multitude of consumer goods such as luggage, tires, furniture, apparel, mattresses, household goods, components ...

After a surprisingly active 2017, the Federal Election Commission’s enforcement efforts have slowed noticeably in the early months of 2018. In February, former Commission Lee Goodman’s departure from the agency left the Commission with only four members. While the remaining Commissioners can still form a quorum, unanimity is required for all official agency ...

Robert Kelner is quoted by The Washington Post in an article regarding continuing investigations into former Environmental Protection Agency Administrator Scott Pruitt. According to Kelner, there is no "guiding principle" as to whether a congressional inquiry or one by an agency's inspector general continues once a public official resigns. When it comes to ...

As anticipated, an additional 25 percentage point ad valorem tariff on $34 billion worth of Chinese imports into the United States (covering 818 product categories in sectors including aerospace, information communication technology, machinery, and medical instruments) went into effect on July 6, 2018.

On June 27, 2018, China’s Ministry of Public Security (“MPS”) released for public comment a draft of the Regulations on Cybersecurity Multi-level Protection Scheme (“the Draft Regulation”). The highly anticipated Draft Regulation sets out the details of an updated Multi-level Protection Scheme, whereby network operators (defined below) are required to comply ...

Timothy Stratford is quoted by The Wall Street Journal in an article regarding China's anticipated response to new tariffs on $34 billion of Chinese products starting on July 6. A Chinese head start "would not be moving hearts and minds on both sides toward the positive direction of de-escalation," says Stratford.

On June 28, 2018, the Governor of California signed the California Consumer Privacy Act of 2018 (“CCPA”). The new law is the most comprehensive data privacy statute in the United States and introduces significant privacy requirements for covered businesses. The CCPA takes effect on January 1, 2020, but based on comments from both the public-interest and business ...

In April, in Common Ground HealthCare Cooperative v. United States, 17-877C (Fed. Cl. April 17, 2018) the Court of Federal Claims granted Common Ground Healthcare Cooperative’s motion for class certification. The certified class includes all insurers offering Qualified Health Plans (QHP) under the ACA for the 2017 or 2018 benefit year that reduced cost-sharing ...

In furtherance of President Trump’s May 8, 2018 announcement that the United States is withdrawing from the Joint Comprehensive Plan of Action (“JCPOA”) (discussed in our recent alert), on June 27 the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced several changes to the U.S. sanctions against Iran.

In January, the Department of Labor (DOL or the “Department”) proposed a rule to allow more Association Health Plans (AHPs) to be regulated as large group health plans. The proposed rule garnered national attention and the Department received over 900 stakeholder comments from consumer groups, individual employers, employer associations, health insurance ...

Lindsey Tonsager is quoted in a Politico article regarding a bill passed by California lawmakers that imposes stricter consumer privacy rules on companies. Should the California law trigger other states to put their own restrictions on consumer privacy, industry lobbyists and advocates will likely look to Congress to create consistent standards, says Tonsager. ...

Kate Goodloe is quoted in a DataGuidance article examining the significance of the Supreme Court's decision in Carpenter v. U.S. “While Carpenter does not overrule the third party doctrine, it substantially limits its application. [Furthermore,] the decision anticipates that users have a legitimate expectation of privacy in data created, owned, and maintained by ...

Miriam Guggenheim spoke at the Legal, Regulatory, and Compliance Forum on Dietary Supplements and is quoted in a NutraIngredients article. Guggenheim said that a popular question she gets from industry clients around new dietary ingredients (NDIs) is whether or not an ingredient can be classified as ‘old.’ Despite lobbying from trade associations, Guggenheim ...

Miriam Guggenheim spoke at the American Conference Institute and Council for Responsible Nutrition's Legal, Regulatory, and Compliance Forum and is quoted by The Rose Sheet in an article regarding FDA's current draft guidance on new dietary ingredient (NDI) notifications. According to Guggenheim, the agency has little priority, and limited resources available ...

Earlier this year, President Trump signed into law the Bipartisan Budget Act of 2018 (BBA), which incorporates provisions from the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 and improves access to telehealth services in Medicare Advantage. Pub. L. No. 115-123.

On June 21, 2018, the European Commission (“Commission”) started a new investigation to determine whether so-called destination clauses in Qatar Petroleum’s liquefied natural gas (“LNG”) supply contracts with European buyers infringe the European Union (“EU”) antitrust rules.

Jessica O'Connell is quoted in an Inside Health Policy article regarding FDA's draft guidance aimed at helping the food industry reduce the risk of intentional adulteration. According to O'Connell, industry has had some concerns about how prescriptive the food defense plans would be and how burdensome recordkeeping would be. She adds that many companies already ...

A new corporate political disclosure trend is coming. For years, those advocating increased corporate political disclosure have looked for ways to force companies to publicly reveal the names and amounts of corporate contributions to so-called “dark money” 501(c)(4) social welfare nonprofits and 501(c)(6) trade associations.

Randy Benjenk is quoted in a Risk article regarding the Federal Reserve's plan to reform bank holding company (BHC) rules. According to Benjenk, the most common case of ambiguity around control determinations is whether investors such as private equity firms “can make a capital infusion into a bank without becoming a BHC or requiring approval from a federal ...

Timothy Stratford appeared on CGTN's "The Point" to discuss the current state of China-U.S. trade tensions following the announced threat of a new round of $200 billion tariffs on Chinese goods. “The things that the U.S. hopes China will do are things that China doesn’t believe are in their own interest to do, so I think we have a stalemate," says Stratford.

Today (June 20, 2018), FDA published in the Federal Register the availability of the first four chapters of a nine-chapter draft guidance (“IA draft guidance”) intended to address the requirements in its final rule, Mitigation Strategies to Protect Food Against Intentional Adulteration (“IA rule”).

NEW YORK—New York Law Journal has named Covington commercial litigation partner Christopher Y. L. Yeung as a winner of its 2018 "Rising Stars" award.
Mr. Yeung represents clients in trials and other complex litigation. Within the past year, Mr. Yeung has helped secure the affirmance on appeal of a trade secrets trial victory with half a billion dollars at ...

As anticipated, the Trump Administration today released its final list of Chinese imports subject to an additional 25 percent ad valorem tariff. The imposition of the tariffs follows the Administration’s determination in March that China’s technology transfer and intellectual property (“IP”) policies are harming U.S. companies, and the submission of public ...

Kristof Van Quathem participated in a Financial Times podcast to discuss the impact of the General Data Protection Regulation on medical research and health technology companies. According to Van Quathem, "One of the main concerns I think that we see in the research circle is the uncertainty that is being created by the GDPR, and in particular, when it comes to ...

WASHINGTON—On June 9, 2018, Genworth Financial, Inc. ("Genworth") announced that the Committee on Foreign Investment in the United States ("CFIUS") had cleared its $2.7 billion acquisition by China Oceanwide. Covington represented Genworth in securing CFIUS approval, which is the largest China-related transaction approved in the Trump Administration.
Reuters ...

Robert Kelner is quoted by The National Law Journal in an article regarding the release of FARA advisory opinions by the Justice Department. “In general, I would say this is not quite the Rosetta Stone for interpreting DOJ’s position on FARA that some might have hoped for,” says Kelner. “The opinions cover a lot of ground but they do it in some cases at a fairly ...

Peter Lichtenbaum is quoted in a Washington Times article regarding U.S. policy on drone strikes. “We can set whatever rules we want, but we need to understand that we are setting a precedent, and other countries are watching very closely what we do,” says Lichtenbaum. “If we assert a certain prerogative, that will make it difficult for us to argue against other ...

Brian Smith is quoted in a Columbia Journalism Review article regarding the Foreign Agents Registration Act. According to Smith, “The statute is so broadly worded, you can capture a lot of activities."

Robert Kelner is quoted in a Politico article regarding the Justice Department's release of FARA advisory opinions. Kelner describes the decision as "a long time coming.” “FARA practitioners have been asking for years to see DOJ's secret trove of FARA advisory opinions,” Kelner says. “This isn't by any means all of them, but it's a good start. DOJ is beginning ...

Sir Michael Leigh and Lord Francis Maude recently participated in a roundtable with The Irish Times to discuss Brexit developments. Commenting on the status of finding a solution to the Irish Border issue, Leigh and Maude said that they do not envisage a solution to maintain an invisible border being agreed until there is a deal on the future EU-UK trading ...

On May 31, 2018, the Trump Administration announced that it would implement tariffs on steel and aluminum imports from Canada, Mexico, and the European Union (EU). The tariff rates will be 25 percent on steel and 10 percent on aluminum, and are effective June 1.

Robert Kelner is quoted in Law.com's "Compliance Hot Spots" briefing. Commenting on the Justice Department's decision to release FARA advisory opinions, Kelner says, "I think this could make a big difference in how firms advise clients on FARA compliance because, up until now, we’ve all had to do a great deal of reading the tea leaves rather than having actual ...

John Veroneau is quoted by The Washington Post in an article regarding potential tariffs on foreign cars. “While U.S. trading partners have been fairly measured in responding to the steel and aluminum tariffs, they will have no choice but to exhaust every option in opposing tariffs on autos,” says Veroneau. “Also, unlike steel and aluminum tariffs which hit U.S. ...

Robert Kelner is quoted by The National Law Journal in an article regarding the Justice Department's plan to publish FARA advisory opinions. “I think this could make a big difference in how firms advise clients on FARA compliance because, up until now, we’ve all had to do a great deal of reading the tea leaves rather than having actual legal precedents to look ...

John Veroneau is quoted in a Financial Times article regarding the federal government's decision to begin a Section 232 investigation into automotive imports. “Everyone was in on the joke that 232 tariffs on steel were thinly veiled protectionist measures. There's not even a veil on this one—just naked protectionism,” says Veroneau. “Because it would unleash ...

Henriette Tielemans is quoted by The Wall Street Journal in an article regarding the upcoming deadline for companies to comply with the General Data Protection Regulation. “Companies are struggling with the concrete deliverables—the record of processing activities, the transfer agreements, the notices, the website—because of the sheer volume,” says Tielemans. ...

Cándido García Molyneux is quoted in a Chemical and Engineering News article regarding the May 31 REACH regulation deadline. Many other companies won’t be done dealing with REACH on June 1 either, says García Molyneux. He anticipates ongoing disputes between REACH registrants over sharing the cost of developing chemical safety data.

On May 23, 2018, President Trump directed U.S. Secretary of Commerce Wilbur Ross to initiate an investigation of the U.S. automobile, SUV, light truck, van, and auto parts sectors to determine whether imports of those products threaten to impair U.S. national security. This investigation will be conducted under Section 232 of the Trade Expansion Act of 1962, ...

David Fagan is quoted in a Law360 article regarding potential changes to a draft bill that could alter the CFIUS process. According to Fagan, the first draft of the Foreign Investment Risk Review Modernization Act (FIRRMA) also ensnared outbound transfers of technology even in situations that do not involve an acquisition of a U.S. company, like what may happen ...

Michael Labson is quoted by The American Lawyer in an article regarding Covington's presence in Ireland. "We were focused on whether it’s a strategic fit with the firm’s overall strengths,” says Labson. “With Brexit, we saw the Irish office would be of growing importance. A lot of large pharmaceutical companies have significant operations in Ireland and large ...

Last month, the Centers for Medicare & Medicaid Services (CMS) finalized the 2019 Notice of Benefit and Payment Parameters, which includes changes to the Affordable Care Act’s (ACA) implementing regulations. 83 Fed. Reg. 16,930 (April 17, 2018). In this advisory, we analyze the most significant of these regulatory changes, focusing on the key differences between ...

Elaine Whiteford is quoted in a Bloomberg article regarding the push for the Competition and Markets Authority to take a more aggressive role in overseeing the top accounting firms. There’s some momentum with the CMA,” says Whiteford. “They want to make a splash, they’re keen to get some big wins to justify themselves. The auditors are never going to be flavor ...

The scenario is all too common: After months of searching for the right candidate and weeks negotiating duties and compensation, a company finally hires a new employee to a position that will entail work on certain government policy issues. The employee seems to be a perfect fit, but after a few days on the job, someone asks whether “revolving door” rules ...

FDA announced that it has extended the June 18, 2018 compliance date for removal of industrially-produced partially hydrogenated oils (PHOs) from food. Simultaneously, FDA announced that it had denied approval a 2015 food additive petition (FAP) on limited uses of PHOs.

Susan Cassidy is quoted in a Global Data Review article regarding the focus on privacy by design by the International Organization for Standardization and the U.S. National Institute of Standards and Technology. Cassidy says that the anecdotal evidence she has from speaking to her private sector clients is that they are increasingly considering NIST guidelines, ...

On May 8, 2018, the United States announced the decision to end its participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, Germany, France, the UK and China.

Jacqueline Charlesworth participated in the Music Biz 2018 conference and is quoted in a Billboard article providing highlights from the event. According to Charlesworth, who spoke on a panel focusing on the Music Modernization Act, “The [Notice of Intent system] doesn’t work in the digital age."

LOS ANGELES—Covington partners Carolyn Kubota, Robyn Polashuk, and Sonya Winner have been named to the Daily Journal’s 2018 “Top 100 Women Lawyers” list, recognizing the “top women lawyers in California.”
Based in the firm’s Los Angeles office, Ms. Kubota is a member of the American College of Trial Lawyers and has served as lead counsel on high-profile ...

On May 8, 2018, President Trump announced his decision to end U.S. participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, and certain other governments. This action will have far-reaching effects for both U.S. and ...

The Trump Administration’s senior economic and trade officials held talks with their Chinese counterparts in Beijing, May 3-4. The talks concluded with no agreement, and each side tabled expansive demands that appear well beyond what the other side would be able to accept.

Alan Pemberton and Ryan Burnette are quoted in a Federal Contracts Report article regarding a Fourth Circuit ruling that shielded BAE from liability under the Foreign Military Sales program. According to Pemberton and Burnette, although the court didn't definitively address the issue of foreign enforcement, the ruling is favorable for contractors overall because ...

Lord Francis Maude appeared on CNBC to discuss the UK's future trading relationship with the EU. According to Maude, “It remains the case that it is hugely in the interest of the UK and of the EU 27 for there to be a sensible, pragmatic deal that, with good will on both sides, means that Britain remains in a deep and special partnership with the EU.”

WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems.
Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world.
Universal Avionics is a ...

Randy Benjenk is quoted in a Reuters article regarding the push by banks to revise rules they say are "outdated, costly, and hurt economic growth." According to Benjenk, consumer advocate groups may claim that changes to the Community Reinvestment Act rules could lead to discrimination of some groups of borrowers or create “banking deserts” where consumers do ...

Robert Kelner is quoted in a Buzzfeed article regarding Senators' concerns about the White House’s vetting process for cabinet secretaries. According to Kelner, the Trump Administration still does an ethical vet, which includes disclosing financial holdings and is required by law, but has not focused that much on a political vetting. “This Administration ...

Grant Castle is quoted by The Pink Sheet in an article regarding comments from head of the UK BioIndustry Association stating that authorities are jumping the gun by reallocating all UK centralized rapporteurships to other EU member states before it is clear whether there will be some form of continued regulatory relationship between the UK agency, the MHRA, and ...

Suzanne Bell and Tom DeFilipps are quoted in a Law360 article regarding Bell's arrival to Covington's Technology Transactions practice. Bell says she is excited to join Covington and looks forward to helping it build its tech practice and advise clients on incorporating new technologies into their businesses. “The firm’s collaborative approach will allow me to ...

Eric Mogilnicki is quoted in a Bloomberg Law article regarding the CFPB leadership dispute between Mick Mulvaney and Leandra English. According to Mogilnicki, even if Trump's choice of Mulvaney to lead the CFPB is taken out by the D.C. Circuit, the president is going to get another shot to name both acting and permanent directors at the bureau. “It seems to me ...

John Veroneau is quoted in a Law360 article regarding first quarter LDA filings. "The Administration's determined efforts to address long-standing trade issues with China through tariffs and other means creates both risks and opportunities for many American businesses,” Veroneau says. “Recognizing that U.S.-China trade relations are likely to remain uncertain ...

LONDON—Covington advised BenevolentAI on an £80 million equity investment by new and existing investors, including Woodford Investment Management, at a pre-money valuation of £1.4 billion. The firm also recently advised BenevolentAI on its acquisition of Proximagen Limited, a Cambridge, UK-based drug discovery and development company, for an undisclosed ...

Randy Benjenk is quoted in a Risk Magazine article regarding Randal Quarles' indication that the Federal Reserve will need to revisit its plans to recalibrate the enhanced supplementary leverage ratio for the largest banks if changes to the eSLR also become law. According to Benjenk, the agencies’ attempt to front-run the Crapo bill now looks too little, too ...

The Recorder highlights the arrival of Suzanne Bell to Covington's Technology Transactions practice. Bell says she was attracted to the firm's strong regulatory practice given the increased intersection between the technology sector and government regulations. Bell adds that she is looking forward to using her experience in technology transactions to assist ...

Brian Kelly and Raj Gathani are quoted in a Digital Health Legal article regarding a report published by the UK’s Care Quality Commission on "The state of care in independent online primary health services." According to Kelly and Gathani, “The report illustrates some of the teething problems in the inspection system, particularly when applied to online ...

Marney Cheek is quoted in a Law360 article regarding issues that could exist under USTR Lighthizer's proposed alternatives to investor-state arbitration in a renegotiated NAFTA. "I think the main problem with his proposed solutions is that they're all limited in scope, and so there's very serious enforcement gaps," says Cheek.
Commenting on the fact that ...

Scott Kamholz is quoted by The Recorder in an article regarding USPTO Director Andrei Iancu's ideas for reforming the patent system. “My sense is that [Iancu] is not focused on harmonizing outcomes at the PTAB and district court, but rather to give both the PTAB and district judges more basis to rely on each other’s claim constructions,” Kamholz says. “That will ...

Witney Schneidman is quoted in an African Law & Business article regarding a continental free trade agreement signed by over 40 African governments. According to Schneidman, “The signing of the [African Continental Free Trade Area (AfCFTA)] is a significant development and should be supported by all of the region's partners.” He notes, “AfCFTA culminates years ...

Henriette Tielemans participated in a session at the Global Privacy Summit and is quoted in an IAPP article regarding what happens once GDPR goes into effect. "For a lead regulator for the one-stop shop, you need a mean establishment. You lose a lot of the benefits of the GDPR if you're unable to come up with what your main establishment is," Tielemans said.

Timothy Hester and Thomas Heymann are quoted in a Law360 article regarding the opening of Covington's new Frankfurt office. According to Hester, “Covington will offer German companies a unique capability to help them navigate through their most complex and consequential business issues in their most important international markets." He adds, “Our new German team ...

Yan Luo is quoted in a Financial Times article regarding survey findings that suggest that more than half of Chinese internet finance lenders are failing to comply with data privacy regulations. According to Luo, “Investors should certainly expect more government scrutiny on their business model from a data protection perspective."

Henriette Tielemans spoke at an IAPP event and is quoted in a Law360 article regarding the Irish privacy authority's focus once GDPR takes effect. According to Tielemans, while “the GDPR has 150 articles, and businesses are worried about all 150 of them,” companies are most concerned about the regulators’ ability to issue massive fines of up to 4 percent of ...

Yaron Dori is quoted in an E-Commerce Times article regarding the FTC's recent report on mobile privacy protection. According to Dori, "The FTC is limited in its ability to bring enforcement actions against telecommunications carriers because of the 'common carrier' exemption in the FTC Act." A federal appeals court recently ruled that this exemption does not ...

LONDON—Covington will open an office in Frankfurt, Germany on April 3 led by eight partners. Frankfurt will be the firm’s third European office and will work closely with the firm’s five offices in the United States, its three offices in Asia, and its offices in the Middle East and Africa.
“Covington will offer German companies a unique capability to help them ...

Politico highlights a recent Covington alert examining how lobbying on aluminum and steel tariffs may have FARA implications. "Companies that are engaging with Congress and the executive branch on trade issues may be surprised to find that their advocacy could have FARA implications," the alert reads. "FARA is a notoriously tricky statute, with broadly worded ...

Thomas Heymann and Louise Nash are quoted by The Lawyer in an article highlighting the opening of Covington's Frankfurt office. According to Heymann, “We proudly look back on 12 years as an independent German law firm and we thank our clients for the trust they have placed in us and for the many years of great cooperation. We are convinced that adding ...

Timothy Hester and Thomas Heymann are quoted in a Legal Business article regarding the opening of Covington's new Frankfurt office. According to Hester, "Our new German team is of outstanding quality and will provide important synergies with the firm, including our London and Brussels offices and will allow us to serve the needs of our clients who have legal ...

Thomas Heymann and Louise Nash are quoted by The National Law Journal in an article regarding the opening of Covington's new Frankfurt office. “Covington will be a fantastic platform to further develop our technology and transaction practices,” says Heymann. “This will be a great fit.” According to Nash, “There is a strong, untapped opportunity for Covington ...

Eric Holder was featured by The AmLaw Litigation Daily in an article describing his many roles and responsibilities both at the firm and beyond. According to Timothy Hester, Holder is "involved in a lot of important issues of the day, but he’s also involved in very important issues for our client base." Hester adds, “He’s thrown himself into the life of our ...

Yaron Dori is quoted by The Cybersecurity Law Report in an article regarding the FTC's report, “Mobile Security Updates: Understanding the Issues." “The FTC has long been interested in data security and the extent to which consumer data—especially personally identifiable or sensitive consumer data—is protected from unauthorized disclosure,” say Dori.
Dori calls ...

BRUSSELS—Henriette Tielemans, co-chair of Covington’s global Data Privacy and Cybersecurity practice, has today received the IAPP Privacy Vanguard Award, the industry's top honor, for her lifelong services to the data privacy community.
The International Association of Privacy Professionals (IAPP) is the world’s largest and most comprehensive global information ...

Henriette Tielemans was the recipient of the 2018 IAPP Privacy Vanguard Award, a recognition reserved for individuals who display “exceptional leadership, knowledge, and creativity in the field of privacy and data protection.”

China has reorganized many of the ministries and commissions under its chief executive body, the State Council, creating a new super-ministry to replace the China Food and Drug Administration (“CFDA”) and other healthcare agencies.

On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide.

Bart Van Vooren is quoted in a Law360 article regarding the draft treaty signed by European Union leaders to move forward Brexit negotiations, including a 21-month transition deal. As a matter of international law, EU law will apply “in and to” the UK up to and during the transition period, says Van Vooren. But, he adds, “this is not the same as ‘equating’ the ...

Lindsey Tonsager recently spoke at the BCLT Privacy Law Forum in Silicon Valley is quoted in an mLex article discussing whether GDPR will automatically become a global privacy standard. Tonsager said that working with companies that depend on AI technology to become compliant with the GDPR “is incredibly, incredibly challenging." Commenting on modifications to ...

Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often ...

Timothy Stratford is quoted in a CNBC article regarding China's response to U.S. tariffs on Chinese imports. "They want to show that they have taken note of U.S. actions and are going to be strongly resisting, but they don't want to be seen as escalating things further," says Stratford. "The Chinese recognize that everyone has a lot to learn if the U.S. and ...

Timothy Stratford appeared on CNBC to discuss China's response to U.S. tariffs. "Well I think the Chinese have consistently been quite measured. I think they recognize that everyone has a lot to learn if the U.S. and China move into a trade war."

Timothy Stratford is quoted by The Wall Street Journal in an article regarding plans by China to impose tariffs in response to President Trump's punitive measures. According to Stratford, the current trade environment could prompt U.S. companies to reconsider the long-term importance of the Chinese market. “Gradually we may feel compelled to diversify until ...

Bart Van Vooren and Peter Bogaert are quoted by The Pink Sheet in an article regarding the future relationship between the UK and the European Medicines Agency following Brexit. According to Van Vooren, the EU "considers that cherry-picking the benefits of the internal market on a sector-by-sector basis, combined with a request to be able to influence the rules, ...

Following the recent U.S. announcement of tariffs on steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962, the United States is now poised to implement trade sanctions against China stemming from an investigation of that country’s intellectual property (“IP”) practices.

On Tuesday, March 13, 2018, Oregon Governor Kate Brown signed into law House Bill 4005
(HB 4005), which imposes substantial new state reporting requirements on pharmaceutical
manufacturers regarding drug pricing, including details on manufacturer-sponsored patient
assistance programs.

Alan Larson recently spoke at a House Committee on Foreign Affairs hearing regarding export control regulations and foreign investment reviews that would protect national security and is quoted in a Law360 article. “It is important to manage the resources of CFIUS efficiently, so that it focuses especially intensely on transactions that are the most complex and ...

Ann Bobeck spoke at an FCBA event and is quoted in a Communications Daily article discussing views from broadcast lawyers who would like the FCC's monthly media deregulation effort to tackle kids' video rules, quarterly issues, and program lists and ownership reports. With content for kids available on nonbroadcast platforms and time-shifted viewing common, it's ...

In our March 9 client alert we outlined the proclamations issued by President Trump announcing tariffs on imports of steel and aluminum in the United States, which will go into effect on March 23.
The European Union—which is the second-largest foreign supplier of steel and aluminum to the United States, after Canada—has expressed concern about the imposition of ...

On October 12, 2017, President Trump issued an executive order, entitled “Promoting Healthcare Choice and Competition Across the United States”, that, among other things, instructed the Secretaries of Health and Human Services (HHS), Labor, and Treasury to “consider proposing regulations or revising guidance, consistent with law, to expand the availability of ...

WASHINGTON—Christopher Adams has joined Covington as a Senior Advisor in the Public Policy and Government Affairs and International Trade practices in Washington. Mr. Adams will focus on China policy and trade issues.
Mr. Adams most recently served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across ...

Andrea Zulli is quoted by The Times in an article regarding action taken by UPS to sue the EU's antitrust watchdog for blocking its merger with TNT Express. According to Zulli, the European Commission is “highly competent” in its merger reviews. “However, it would be a welcome move if the ECJ confirmed the General Court’s judgment in the UPS case. It is key for ...

Shara Aranoff spoke at an event hosted by Georgetown Law and is quoted in an Inside U.S. Trade article regarding the U.S. Court of International Trade's decision to deny a request by three Canadian solar panel producers for a temporary restraining order that would have suspended safeguard measures the U.S. imposed on all countries in January. According to ...

Timothy Hester is quoted in a Politico article regarding Christopher Adams' recent arrival as a Senior Advisor in Covington's Public Policy and Government Affairs and International Trade practices. “Chris’ addition further strengthens the firm’s China practice and deepens our expertise and capability to help clients in one of the world’s largest and most ...

Starling Marshall spoke at an event hosted by the Federal Bar Association and is quoted in a Law360 article regarding the growing legal strategy to challenge proposed tax regulations. According to Marshall, lawyers can challenge tax regulations on several grounds. Courts have ruled that the IRS must follow the Administrative Procedures Act, giving notice and ...

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

On March 8, 2018, President Trump issued two proclamations announcing tariffs on steel and aluminum imports to the United States. As foreshadowed on March 1, the tariff levels will be 25 percent on steel imports and 10 percent on aluminum imports. These tariffs will go into effect on March 23.

Corporate Human Rights Benchmark Ltd (CHRB) has published its 2018 research methodology and is currently encouraging relevant companies to disclose information relevant to this year’s research and ranking exercise.

Timothy Stratford appeared in CGTN's "Dialogue with Yang Rui" to discuss President Trump's announced tariffs on steel and aluminum imports. According to Stratford, "Usually what happens when you impose these sorts of measures is you're trying to protect one particular industry but often the overall costs to the economy are great."

Lord Francis Maude is quoted in a Global Risk Regulator article regarding the proposed transition period after the UK leaves the EU. "I’m not worried about the transition period if it is for a couple of years,” says Maude. “Typically, when new regulation is introduced, there is at least a two-year implementation period. It is possible some new regulation is ...

John Veroneau is quoted in a Borderlex article regarding President Trump's planned tariffs on steel and aluminum imports. “The systemic concern is that at the WTO, there has been a practice of allowing countries to effectively self-define their own notions of national security and there has been an understandable deference to WTO members on this basis,” says ...

John DeBoy is quoted in a Law360 article regarding a recent Third Circuit ruling that gives medical device makers a legal shield for products composed of parts with various levels of regulatory approval. "[The decision] marks a step forward in clarifying the law on the component question,” says DeBoy. “Some federal district courts have applied an analysis ...

Last week, in New Mexico Health Connections v. United States Department of Health and Human Services (HHS), No. 16-cv-0878 (D.N.M.), the U.S. District Court for the District of New Mexico granted summary judgment for plaintiff-New Mexico Health Connections (NMHC) in a case challenging the Centers for Medicare & Medicaid Services’ (CMS) methodology implementing ...

BEIJING—China Business Law Journal has recognized Covington as one of the top international law firms in the Entertainment & Sports category.
Covington’s Entertainment and Media practice in China has advised nearly every major Hollywood studio and many of the leading independents on their China activities and has been involved in some of the most significant ...

On March 1, FDA issued several guidance documents related to the nutrition facts label (NFL) final rule, including: the long-awaited final guidance on the scientific evaluation of petitions requesting approval of ingredients as dietary fiber; a draft guidance on how to declare added sugars on honey, maple syrup, and certain cranberry products; a final guidance ...

NEW YORK—Covington advised Mavis Tire Holdings LLC, and its family owners, and other owners, including investment funds managed by ONCAP, in its agreement to merge with Express Oil Change & Tire Engineers, a Golden Gate Capital portfolio company, creating one of the largest independent automotive service platforms in the United States.
Mavis Discount Tire, based ...

Daniel Cooper is quoted in a Chartered Management Institute article regarding wearable technology. Providing the legal perspective, Cooper says, "Any employer processing personal information is subject to a range of obligations–this includes making sure they’re very transparent about what they collect, ensuring they have a legal basis for processing that data. ...

John Veroneau is quoted by The Washington Post in an article regarding President Trump's plan to impose tariffs on imported steel and aluminum. According to Veroneau, “Applying tariffs to Canada, despite its being part of the U.S. defense industrial base since the 1940s, will strengthen WTO claims that this decision is not really about national security."

Matthew Shapanka is quoted in a Greater Baton Rouge Business Report article regarding the state of the U.S. patent system. “The patent system is the backbone of invention,” says Shapanka. “The Stronger Patent Act tries to bring back some of the fairness to the patent system.”

Thomas Cosgrove spoke at the Energy & Commerce health subcommittee hearing to discuss bills that would amend the CSA with a goal to stem the opioid crisis and is quoted in an FDA Week article. According to Cosgrove, "Virtually all manufacturers of 'solid oral' drugs in the United States use tableting or encapsulating machines in some form," including ...

John Veroneau is quoted in a Financial Times article regarding President Trump's decision to impose new tariffs on imports of steel and aluminum. “This will either close the door on being able to self-define ‘national security’ or open the door on being able to block imports simply by waving the ‘national security’ flag," says Veroneau.

Robert Kelner is quoted in a CQ News article regarding the current status of foreign lobbying bills. According to Kelner, the bills take a “blunt” approach to foreign lobbying that could inadvertently sweep in even U.S.-based companies as foreign agents.

On February 21, 2018, the U.S. Securities and Exchange Commission (the “Commission”) approved a statement and interpretive guidance that provides the Commission’s views on a public company’s disclosure obligations concerning cybersecurity risks and incidents (the “2018 Commission Guidance”).

WASHINGTON—Covington successfully represented Discovery Communications, Inc. in a U.S. Department of Justice investigation into Discovery’s acquisition of Scripps Networks Interactive. Discovery announced earlier today that the DOJ closed its investigation into the transaction.
Discovery announced in July 2017 that it had reached a definitive agreement to ...

NEW YORK—David Luttinger has joined Covington as a partner in the firm’s Insurance Recovery practice in New York.
Mr. Luttinger has more than 20 years of experience representing clients in the insurance coverage field, including extensive trial work in judicial and arbitral forums across the country. His experience in the coverage area includes disputes over ...

Stephen Humenik is quoted by The National Law Journal in an article regarding the CFTC's collaboration with the UK Financial Conduct Authority to enhance innovation in the financial technology sector. According to Humenik, “The approach here is important because the derivatives markets are global in nature and these cross-border initiatives are very important to ...

John Veroneau is quoted in a Financial Times article regarding U.S. Commerce Secretary Wilbur Ross' recommendation to impose a global tariff on imports of steel and aluminum. According to Veroneau, the “failure to categorically exclude Canada” and other allies “shows that this is not really about national security." He adds, “Section 232 is simply being used as ...

Jack Schenendorf is quoted in a Bloomberg article regarding a proposal to raise gas tax. Increasing tax in an election year “will be quite difficult," says Schenendorf. “It’s quite necessary and Congress has known it’s necessary for a long, long time,” he adds. “This is a real opportunity with the president on board.”

Shara Aranoff is quoted in a Law360 article regarding an opinion issued by the ITC stating that Boeing was not harmed when Delta ordered Canadian plans from Bombardier. According to Aranoff, who represents Bombardier, “We are pleased with the ITC's decision, which gives Bombardier a resounding victory in this dispute."

Anne Termine is quoted in a Bloomberg Law article regarding the settlement reached with AMP Global Clearing LLC following charges from the CFTC stating that AMP's failure to diligently supervise a cybersecurity vendor resulted in a data breach. According to Termine, cybersecurity is “an area of increasing concern and scrutiny for the CFTC as it goes directly to ...

Timothy Stratford appeared on "Talk with the Tiger" to discuss U.S. policy towards China. According to Stratford, "Frankly I think that no matter who was going to be the new president of the United States, there were going to be some changes in the U.S. policy towards China."

Stephen Humenik is quoted by The National Law Journal in an article regarding questions raised by the Senate committee hearing on virtual currency. According to Humenik, the CFTC will have hearings itself, including its upcoming meeting for the CFTC’s technology advisory committee. He adds that “the CFTC traditionally has also held roundtables trying to ...

LOS ANGELES—The Los Angeles Business Journal recognized Wade Ackerman and Aaron Lewis in its second annual list of the most influential diverse lawyers in Los Angeles. The list recognizes 50 "stellar diverse lawyers in the LA region."
In Mr. Ackerman’s profile, the Business Journal emphasized his work in the FDA regulatory space. The profile noted that “with a ...

WASHINGTON—Law360 has named five Covington practice groups among its “2017 Practice Groups of the Year.”
The practice groups recognized by Law360 are as follows:
Government Contracts
International Trade
Product Liability
Sports
White Collar

Inside Health Policy highlights a Covington alert in an article regarding FDA's approach to the regulation of cosmetics. "As we begin 2018, the cosmetic industry marketing products in the United States faces a range of legal and regulatory considerations -- from labeling and marketing claims to ingredient safety and environmental issues," the alert says.

Covington was named a 2017 Sports Practice Group of the Year by Law360. According to Ben Block, one of the most rewarding aspects of the sports group is the opportunity to work with repeat clients. "But," he adds, "every year and every day is a new, different, and exciting challenge."
Commenting on the Tax Court victory on behalf of the Boston Bruins in a ...

In the EU, a sponsor can obtain an “orphan designation” for a medicinal product pursuant to Regulation 141/2000. Adopted in December 1999, the regime aims to encourage investment in R&D for treatments for rare diseases. The most important incentive is the 10-year market exclusivity for designated products. Other incentives include protocol assistance and fee ...

Elaine Whiteford is quoted in a Global Competition Review article regarding the anticipated European Court of Justice ruling that will determine whether the EU damages directive can be applied to a damages action in Portugal. According to Whiteford, the high court will likely respond to the questions by referring to principles of EU law and not the damages ...

Last week (January 24, 2018), FDA issued a series of guidance documents and an enforcement discretion policy intended to help the food industry comply with the requirements of the Food Safety Modernization Act (FSMA). The documents further FDA’s goal to ensure that all food under its jurisdiction is produced under procedures that comply with its risk-based food ...

LOS ANGELES—Multichannel News has named Covington partner Robyn Polashuk to its 2018 class of “Women to Watch.” Ms. Polashuk is the only outside counsel named to the list.
“This year’s group of Women to Watch is pushing the boundaries in both personal and professional achievements,” said Mark Robichaux, Editorial Director of Multichannel News. The award ...

Robyn Polashuk was named to Multichannel News' 2018 class of “Women to Watch.” Commenting on what she likes most about her job, Polashuk says, "I love the diversity of the clients and projects, and the interesting new issues I am asked to address nearly every day in our evolving industry." In her profile, Polashuk also stresses the importance of growing ...

The Litigation Daily highlights Covington's successful representation of Bombardier before the International Trade Commission (ITC). After finding that Bombardier's C-Series commercial jets are not threatening to U.S. producer Boeing, the ITC struck down a planned 300-percent tariff on the Canadian jetliners. "The unanimous decision in our favor was particularly ...

WASHINGTON—Covington won a significant trade case today before the U.S. International Trade Commission (ITC) on behalf of its client Bombardier.
In a 4-0 ruling, the ITC rejected Boeing Co.’s complaint that it was threatened with material injury by imports of Bombardier’s new C Series aircraft. The decision means that the U.S. Department of Commerce can no ...

Law360 highlights Covington's successful representation of Bombardier before the International Trade Commission (ITC). The ITC recently ruled that Bombardier's C-Series commercial jets are not threatening to U.S. producer Boeing, and therefore, should not be subject to hefty tariffs.

This e-alert reviews trends emerging from warning letters and untitled letters concerning therapeutic product advertising and promotion issued in 2017 by the Office of Prescription Drug Promotion (OPDP) of the Center for Drug Evaluation and Research (CDER), the Office of Compliance and Biologics Quality (OCBQ) of the Center for Biologics Evaluation and Research ...

Louise Freeman is quoted in a Behavox article regarding the UK Financial Conduct Authority's (FCA) statement of objections to four asset management firms, signifying the first time the FCA has used its competition enforcement powers. According to Freeman, firms should expect further scrutiny, and to prepare accordingly. “They started with a very wide asset ...

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”)
came into force in the UK on April 6, 2017 and require private sector employers with 250 or
more employees to calculate and disclose mandatory gender pay gap information.

Timothy Stratford is quoted in a South China Morning Post article regarding China's retaliatory options that might be considered if a trade war breaks out with the U.S. According to Stratford, there are a number of things that foreign companies could be worried about in terms of retaliatory action from China. “Some foreign companies may have a more difficult ...

Covington was named a 2017 Government Contracts Practice Group of the Year by Law360. According to Fred Levy, the group is unique due to the breadth and depth of experience that its attorneys have, and its seamless interaction with other top-tier practice groups at the firm. “I think we’re a very cohesive practice group,” he says. “It really incentivizes our ...

Muftiah McCartin is quoted in a Politico article regarding lobbyist revenue during the first year of Trump's Administration. “There were a number of companies trying to figure out how to navigate the new administration," says McCartin.

Digital advertising typically involves a vast network of publishers, advertisers and their agencies, advertising exchanges and networks, technology platforms, and measurement and data analytics providers. To help streamline the commercial dealings of all of these parties in this complex ecosystem, advertising industry self-regulatory groups have developed ...

As we begin 2018, the cosmetic industry marketing products in the United States faces a range of legal and regulatory considerations – from labeling and marketing claims to ingredient safety and environmental issues. This alert for our cosmetic clients analyzes federal regulatory activities in 2017 and summarizes key issues to consider for 2018, including ...

Timothy Stratford is quoted in a South China Morning Post article regarding escalating trade tensions between the U.S. and China, and how the World Economic Forum in Davos might be a place for officials to discuss trade issues. "As far as we’ve been able to tell, there has been a strong debate going on at the most senior level in Washington on how to deal with ...

WASHINGTON—Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion. The transaction follows the successful relationship the ...

Susan Cassidy is quoted in an E-Commerce Times article regarding efforts to create an online marketplace for government purchasers. "One model that was discussed would require a portal provider to contract with GSA to provide an online interface. Under this approach, suppliers would then sign up to use the portal, potentially via a contract with the portal ...

FDA announced the availability of a new draft guidance in last Friday’s Federal Register that Commissioner Gottlieb explains describes FDA’s policy on public warning and recall notifications, which “gives industry clear direction on how to navigate and work with the FDA to make sure recalls are communicated promptly,” and “will empower consumers by providing ...

Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...

In December 2017, the UK Government updated its proposals on the rights of European Union (“EU”) nationals and their families following the UK's exit from the EU (via a technical note setting out its proposed commitments).

As Congress scrambles in a last ditch attempt to pass a funding proposal, government contractors face the various employment law implications of furloughs caused by the potential government shutdown. During the last government shutdown in 2013, many federal agencies furloughed employees and instructed contractors to implement similar reductions in contract ...

WASHINGTON—Brian Williams has joined Covington as a Senior Advisor in the firm’s Cross-Border Investment and National Security practice.
Mr. Williams draws on over 20 years of public and private sector experience advising on issues at the intersection of national security, technology, and law. A non-lawyer, he led multi-agency analyst teams that authored the ...

Robert Kelner is quoted in a Roll Call article regarding steps taken by House Republicans to overhaul the nation’s foreign lobbying disclosure regulations. “DOJ’s career staff have long wanted the authority to investigate FARA violations more aggressively, and the Democratic-aligned government reform community has generally agreed,” says Kelner. “So it was a bit ...

This article “fact-checks” the “Notice to Stakeholders” published by the European Commission on November 21, 2017 (the “Notice”). The Notice has received widespread press attention, due to its stark warnings about the risks of choosing to litigate in the English Courts post-Brexit.
We consider whether the Notice is factually accurate (yes), whether it gives an ...

WASHINGTON—Global Competition Review has once again named Covington to its 2018 "Global Elite," a list of the top 25 antitrust practices worldwide, as well as including the firm in the list of top ten practices globally for both Mergers and Antitrust Litigation.
Each year, GCR undertakes extensive analysis of antitrust and competition law groups in 50 ...

On January 5, 2018, the Department of Labor (DOL or the “Department”) published a proposed rule to allow more Association Health Plans (AHPs) to be regulated as large group health plans. 83 Fed. Reg. 614 (Jan. 5, 2018) (to be codified at 29 C.F.R. pt. 2510). The proposed regulation was developed in response to President Trump’s October 12, 2017 Executive Order ...

As we near the two year mark since FDA issued the new Nutrition Facts Label (NFL), stakeholders anxiously await FDA’s final NFL guidance, particularly FDA’s conclusions on the pending fiber petitions and other fiber ingredients. Although FDA proposed last fall to extend the July 26, 2018 compliance date until January 1, 2020 (for large companies and January 1, ...

On December 26, 2017, China’s National Development and Reform Commission (“NDRC”) released the final Administrative Measures for Enterprise Outbound Investment (the “Final ODI Rules”), which will go into effect as of March 1, 2018 and govern NDRC's regime for reviewing Chinese outbound investment projects. The Final ODI Rules contain limited changes relative to ...

Buried in the 2018 National Defense Authorization Act (NDAA) is an obscure, and quite significant, change to the post-employment restriction on U.S. Department of Defense (DoD) civilian and uniformed personnel. This new provision could have a substantial impact on defense contractors and others who recruit DoD personnel to work on policy and procurement matters ...

The U.S. Department of Labor (DOL) recently announced that it will apply a new, more flexible test for determining whether interns working for “for-profit” companies are entitled to minimum wage and overtime protection under the federal Fair Labor Standards Act (FLSA). The new test is set forth in DOL Fact Sheet #71 (updated January 2018).

Eighty years ago, Congress enacted the Foreign Agents Registration Act (“FARA”), requiring “foreign agents” to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a “foreign principal” to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of American ...

On Tuesday, January 9, 2018, USDA’s Food Safety and Inspection Service (FSIS) released a proposed rule that would require egg products plants to develop and implement hazard analysis and critical control point (HACCP) plans, Sanitation Standard Operating Procedures (SOPs), and include safe-handling instructions on the labels of certain egg products.

We are writing to share our report of two Congressional hearings held this week that are relevant to the ongoing legislative discussion concerning potential reform of the Committee on Foreign Investment in the United States (CFIUS).

2017 was another year of active enforcement globally—including in the U.S., despite the start of a new Presidential Administration touting an aggressive deregulatory agenda. Transactions in consolidated industries drew enforcement fire in both Europe and the United States (Dow/DuPont, ChemChina/Syngenta, Bayer/Monsanto, AT&T/TimeWarner). And, in March, the UK ...

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

Muftiah McCartin is quoted in a Bloomberg article regarding the government spending bill that could lead to a government shut down if Republicans and Democrats in Congress do not reach an agreement. According to McCartin, if both parties can agree this week on raising budget limits, Congress may be able to pass a short-term spending bill, known as a continuing ...

In late December, the Federal Trade Commission (“FTC”) released a Staff Report titled Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising. This Report is the most recent sign of the FTC’s continuing interest in native advertising and effective online disclosures. This study builds upon the ...

Susan Cassidy is quoted in Politico Pro's "Morning Cybersecurity" newsletter regarding the December 31st deadline for defense contractors to meet minimum cybersecurity requirements for the systems they operate for the Pentagon. According to Cassidy, the cybersecurity rule presents “a problem for DoD because there’s a lot of subjectivity in what is ‘adequate ...

Kristof Van Quathem and Yan Luo are quoted in a Law360 article regarding cybersecurity and privacy policies to watch in 2018.
Commenting on the General Data Protection Regulation (GDPR), Van Quathem says that although one of the legislation's aims is to harmonize a splintered set of national data privacy laws within Europe, it may end up causing companies aiming ...

Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018.
Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ...

Kurt Wimmer is quoted in a Law360 article providing a roundup of cybersecurity and privacy cases to watch in 2018. Commenting on LabMD Inc. v. Federal Trade Commission, Wimmer says, "Both the courts and the FTC are grappling with the meaning of 'harm,' and I believe 2018 will be the year when these efforts will converge, with a more sophisticated understanding ...

Lord Francis Maude appeared on CNBC to discuss the backlash faced by Theresa May as UK Prime Minister and what lies ahead. According to Maude, "It is very easy in the moment to see things as more stark than they are. And if Theresa May gets through this period, which I would expect her to, then I think we will look back and see this as a bit of turbulence. But ...

SILICON VALLEY—The Financial Times has recognized Covington among the most innovative firms in 2017 in the category of "Enabling Business Growth," for advising "Tencent in its acquisition of a $8.6bn majority stake in Supercell, the Finnish gaming company, while maintaining Supercell’s creative culture and retaining its employees by introducing incentive ...

Timothy Stratford participated in Asia House's inaugural Hong Kong event and is quoted in a Thailand Business News article providing highlights. Speaking on the panel discussing "Asia and the New Global Era," Stratford, said he “could not preclude a [U.S.] trade war with China” adding that member economies should resolve their differences through the World Trade ...

Jack Schenendorf is quoted by The Bond Buyer in an article regarding the Trump Administration's long-awaited infrastructure plan. According to Schenendorf, "I think the tax bill was a missed opportunity." Commenting on public-private partnerships (P3s), Schenendorf says, "I think P3s will be an important part of the overall proposal.” He adds that he thinks ...

WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals.
The Covington lawyers recognized as Law360 MVPs are:
Ray Biagini, Government Contracts. Mr. ...

On December 8, FDA addressed the agency’s evolving approach to digital health by issuing two new draft guidance documents: “Clinical and Patient Decision Support Software” (the “CDS Draft Guidance”) and “Changes to Existing Medical Software Policies Resulting From Section 3060 of the 21st Century Cures Act” (the “Software Policies Draft Guidance”). These draft ...

In 2012 the G20 initiated the Base Erosion and Profit-Shifting (BEPS) project, headed by the Organisation for Economic Co-operation and Development (OECD). This aimed to tackle and reduce tax planning strategies which artificially shifted corporate profits to low- or no-tax jurisdictions.

Lord Francis Maude appeared on Sky News to discuss phase two of the Brexit negotiation process. "Well it's good news it's progressing," says Maude. He added, however, that it is not going to be easy as there is a lot to discuss, and it will take time.
Maude also said that he believes the process can be more cordial now. "I think…in the early days, there was a ...

Jean De Ruyt appeared on NPR following the decision by European leaders to allow Britain to begin negotiating its future trading relationship with the European Union. According to De Ruyt, if European negotiators push too hard, they risk toppling Prime Minister May, who's weak at home. "Honestly, they want to reinforce her. She leads encouragement. Who else ...

Mark Plotkin was named a 2017 International Trade MVP by Law360. The publication highlights his CFIUS-related work, noting that he secured "U.S. government approval for a litany of billion-dollar overseas transactions with sensitive security implications" over the past year.

John Veroneau is quoted in a China Daily article regarding the recently launched investigation into China's policy and practice of intellectual property under Section 301 of the U.S. Trade Act of 1974. Commenting on the potential negative impact of the action, Veroneau says that it will depend on how the U.S. threatens unilateral actions, in a full-blown way or ...

Ray Biagini was named a 2017 Government Contracts MVP by Law360. The publication highlights his representation of KBR in long-running multidistrict litigation that showcased his "expertise at the intersection of tort and federal contracting law."

Eric Holder participated in Microsoft's #TechTalk series to discuss "Law Enforcement & Data." Topics included the role of national borders when it comes to accessing electronic evidence, the significance of e-evidence in investigations, the protection of fundamental rights online, the need for international police cooperation, and the unnecessary barriers to ...

This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.

Tom Cosgrove spoke at the Food and Drug Law Institute's enforcement conference and is quoted by The Pink Sheet in an article regarding FDA's anticipated release of the first 90-day letters. According to Cosgrove, "You will be getting these classifications in 90 days and final means final. What does that mean for people working on these classifications? That ...

Brian Kelly spoke at November's Food Matters Live event in London and is quoted in a Better Wholesaling article examining challenges facing the food industry in the wake of Brexit. Commenting on the threat of new tariffs, Kelly said, "It is very complicated and businesses will need to upskill on this.”

On November 28, 2017, the Centers for Medicare & Medicaid Services (CMS) published in the Federal Register a proposed rule touching on a range of issues under the Prescription Drug Benefit (Part D) and Medicare Advantage (MA) programs, and implementing certain provisions of the Comprehensive Addiction and Recovery Act (CARA) and of the 21st Century Cures Act. 82 ...

Last week, the United Nations hosted the sixth annual Forum on Business and Human Rights in Geneva. The three-day event provided attendees with informative panels and important updates on the state of the field. Lawyers from Covington’s business and human rights initiative were in attendance and suggest five important takeaways for business.

Tom Cosgrove is quoted in a Law360 article regarding his return to Covington's Food, Drug and Device Practice Group. “I think companies are looking hard at their supply chain risks and wondering how much they can trust other companies that make up the links in that chain,” Cosgrove says. “These challenges, brought about by increased globalization, will only ...

On 6 December 2017, the Court of Justice of European Union (CJEU) issued its long-awaited Judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. Taking an approach similar to that adopted by Advocate General (AG) Wahl in his Opinion in July, the CJEU found that a supplier of luxury goods may prevent its authorised retailers from using third-party platforms in ...

WASHINGTON—Tom Cosgrove, who until last month was a senior official at FDA charged with ensuring the quality of drugs and therapeutic biologics marketed to U.S. patients, has rejoined Covington as a partner in its Food, Drug, and Device practice, resident in Washington.
Mr. Cosgrove held senior leadership positions within FDA’s Office of Compliance in the Center ...

Kurt Wimmer is quoted in a Law360 article regarding the Ninth Circuit’s ruling in a case involving the disclosure of user app data to a third-party. "The court recognized that the concept of being publicly identified has limits, despite technological evolution," says Wimmer. "By reducing ambiguity around what qualifies as PII, this decision permits content and ...

Sir Michael Leigh is quoted in a Financial Times article examining which side holds more leverage in the Brexit negotiation talks. "It is asymmetrical. The candidate country has no choice but to accept the basis for negotiations,” says Leigh. “That goes for leaving too.”

WASHINGTON—Covington represented Aristocrat Leisure Limited in its $990 million acquisition of Big Fish Games, Inc. This acquisition expands Aristocrat’s Social Gaming business into new game genres.
Aristocrat is a global provider of gaming solutions. It offers a diverse range of products and services including electronic gaming machines and casino management ...

Ani Gevorkian is quoted in a Bloomberg BNA article regarding the Ninth Circuit’s ruling in a case involving the disclosure of user app data to a third-party. According to Gevorkian, this is the Ninth Circuit’s adoption of the majority view that such data isn’t Personally identifiable information (PII), and “further isolates the First Circuit’s decision in ...

Timothy Stratford is quoted in a Global Trade Review article regarding the increased focus on globalization in Asia. According to Stratford, “If you look at the past 10 years and take the top 25 economies of the world, 550 million people have seen their incomes either stagnate or decline. There’s a feeling that whatever’s happening right now isn’t working, so ...

There is one very important political law provision to watch as the tax bill moves to a final vote in the Senate, and potentially a conference committee reconciles the House and Senate versions. This amendment will remove the ban on partisan political activities by charitable entities, churches, educational institutions, and all other organizations exempt from ...

Gina Vetere is quoted in a Medtech Insight article regarding what the new version of the Trans-Pacific Partnership (TPP) means for American manufacturers. According to Vetere, "With the U.S. not being part of that trade agreement, the challenge is that we've lost that opportunity to help set some of those rules that are so important, particularly for our ...

Susan Cassidy is quoted in a Los Angeles Business Journal article regarding the difficulties that some defense contractors in Southern California were facing trying to meet the Department of Defense deadline of December 31, 2017 for implementing the cybersecurity controls in NIST Special Publication 800-171. Cassidy notes that the definition of the information ...

Marney Cheek is quoted in a Law360 article examining what updated renegotiation objectives for NAFTA mean for investment arbitration. According to Cheek, "The reference in the [investor-state dispute settlement] negotiating objectives to 'U.S. sovereignty' and 'the maintenance of strong U.S. domestic industries' appears to be a euphemism for telling U.S. ...

Marney Cheek is quoted in a Global Arbitration Review article examining the Administration's updated objectives with regard to the reform of investor-state dispute settlement (ISDS). According to Cheek, the reference in the objectives to finding a “meaningful procedure for resolving investment disputes” echoes the wording used by Congress in the Trade Promotion ...

Johan Ysewyn is quoted in a PaRR article examining whether the recent judgment in the Intel case will impact future cartel cases. While Ysewyn does not expect the Intel decision to be a “game-changer” in how cartel proceedings are conducted going forward, “it’s not bad for the Commission to be reminded what the rules are.”

In a July 7, 2017 post to the FDA Voice blog, FDA Commissioner Scott Gottlieb announced that FDA would be releasing a “comprehensive regulatory framework” for regenerative medicine products. On November 16, 2017, FDA issued four guidance documents outlining certain aspects of that framework. This alert summarizes each of the guidance documents and highlights ...